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T.D.S on Packing Cartoon

(Querist) 10 March 2010 This query is : Resolved 
Sir,
we are purchasing cartoon with a specfic lenth and design but between me and party there not any contract for that in this case T.D.S is applicable or not please sugges me and one another thing that one party is charging only Vat @4% and another party is charging Cenvate Payable @8%the Ed Cess 2% sec cess 1% after all this tax inculding materail value on that they charge us 4% vat.

Thanking You
Raj Kumar Makkad (Expert) 10 March 2010
TDS is liable to be deducted even though no formal agreement/contract has taken place and cenvate may be charged as in the given case along-with vat whereas the another persona may not be charging it as he might not be showing the transaction in the papers.
Vineet (Expert) 10 March 2010
Mr Hussain, I understand you asked this question some time back also. As you are purchasing goods, no TDS is applicable in this case.
Kumar Thadhani (Expert) 11 March 2010
Sir,there is no TDS since there is no contractual agreement.There is no servicetax (Cenvat)on services or utilities provided.IN youR case VAT IS LEVIABLE.
soumitra basu (Expert) 12 March 2010
It has already been settled by different appeal forum that in the above nature this should be treated as sale agreement and hence, no TDS is required to be deducted.


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