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Regarding TDS

(Querist) 21 December 2009 This query is : Resolved 
Dear Expert,

we deducted tds as per sect 194c instead of 194 I on equipment hire charges and we paid accordingly.

but now ITO objected that and he is asking us to pay the differential duty amount.

but my service provide has already filed his return and paid the tax on his sales of services.

if i pay the differential tax, it would amounts to double tax (my diff. payment and the tax already paid by my service provider)

hence in this case what procedure i have to follow;

please kindly let me know in this regard.

Raj Kumar Makkad (Expert) 21 December 2009
You should submit the proof of depositing the tax by your service provider on the equipment hired by you from him to the ITO to satisfy him.
soumitra basu (Expert) 22 December 2009
You can take certificate from the deductee that the amount paid by you has been duly accounted for in computing return of income and argue to the AO that no further tax need to be paid by you.
You can cite Hindusthan Cocacolacase pronounced by the Supreme Court in this regard.

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