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Microlesson · 5-min read

Section 194C - TDS on Payments to Contractors

# Section 194C - TDS on Payments to Contractors

## Who Deducts (Deductor)

  • Central / State Government
  • Local Authority
  • Central / State / Provincial Corporation
  • Company, firm, trust
  • Registered society, co-operative society
  • University established under Central/State/Provincial Act or declared under UGC Act
  • Government of Foreign State or a foreign enterprise
  • Individual / HUF / AOP / BOI whose total sales, gross receipts or turnover > ₹ 1 crore (business) OR > ₹ 50 lakhs (profession) during the immediately preceding F.Y.

## On What (Nature of Payment)

Payment to a resident contractor for carrying out any work (including supply of labour).

## Threshold

TDS applies if either:

  • Single sum credited / paid > ₹ 30,000, OR
  • Aggregate of sums credited / paid during the F.Y. > ₹ 1,00,000.

## Rate of TDS

PayeeRate
Individual / HUF1% of sum paid or credited
Any other person2% of sum paid or credited

## When to Deduct

At the time of credit of such sum to the account of the contractor or at the time of payment, whichever is earlier.

## Important Carve-outs

### (a) No TDS for personal purposes

Individual / HUF need not deduct tax where the sum is credited / paid exclusively for personal purposes.

### (b) Transporter exemption

No TDS on payments to a transporter who:

1. Is engaged in business of plying, hiring or leasing goods carriages;

2. Owns ≤ 10 goods carriages at any time during the P.Y.;

3. Furnishes a declaration along with PAN to the deductor.

This relaxation applies only to transport charges (whether paid by a transport business or otherwise).

### (c) Professional services excluded

Contracts for rendering professional services by lawyers, physicians, surgeons, engineers, accountants, architects, consultants etc. are NOT 'work' under 194C. Such payments fall under section 194J.

## Definition of 'Work' [Section 194C(7) - Explanation]

'Work' includes:

  • (a) Advertising
  • (b) Broadcasting & telecasting (including production of programmes)
  • (c) Carriage of goods or passengers by any mode other than railways
  • (d) Catering
  • (e) Manufacturing or supplying a product per customer's specification using material purchased from such customer or its associate (associate = person related to customer under section 40A(2)(b))

### What is NOT 'work'

Manufacturing / supplying a product per customer's specification using raw material purchased from a third party (not the customer) — this is a contract for sale, not contract for work.

## Special Rule for Material in Invoice

Where 'work' involves manufacturing using material from the customer / associate:

  • If material value is mentioned separately in invoice → TDS only on invoice value excluding material.
  • If material value is NOT separately shown → TDS on the whole invoice value.

Worked example

### Example 1

Example 1 (Single payment threshold): XYZ Ltd. pays ₹ 35,000 to a contractor (a partnership firm) for office repairs in a single bill.

Solution: Single sum > ₹ 30,000 → TDS @ 2% applicable.

TDS = 2% × ₹ 35,000 = ₹ 700.

### Example 2

Example 2 (Aggregate threshold): Mr. A (individual carrying business with T/O ₹ 2 crore in P.Y. 2024-25) pays a resident individual contractor in F.Y. 2025-26: ₹ 25,000 on three occasions (total ₹ 75,000) and a fourth bill of ₹ 28,000.

Solution: No single payment exceeds ₹ 30,000, but aggregate (₹ 1,03,000) exceeds ₹ 1,00,000 → TDS @ 1% applicable on the entire aggregate ₹ 1,03,000.

TDS = 1% × ₹ 1,03,000 = ₹ 1,030.

### Example 3

Example 3 (Transporter): ABC Ltd. pays ₹ 5,00,000 during F.Y. to a transport contractor who owns 7 goods carriages and furnishes PAN with declaration.

Solution: No TDS u/s 194C — transporter satisfies all three conditions.

### Example 4

Example 4 (Material in invoice): A garments customer supplies cloth (₹ 60,000) to manufacturer ABC and pays ₹ 1,00,000 total invoice (stitching + cloth shown separately).

Solution: TDS u/s 194C on ₹ 40,000 (stitching value only). If material was not separately shown, TDS on full ₹ 1,00,000.

⚠️ Common exam mistakes

  • Applying 194C to professional services (lawyers, CAs, doctors) — these fall under 194J
  • Forgetting the dual threshold — TDS applies if EITHER single payment > ₹ 30,000 OR aggregate > ₹ 1,00,000
  • Applying 2% to individual/HUF contractor — rate is 1% for individual/HUF payees
  • Treating contracts where raw material is purchased from a third party as 'work' — these are sale contracts, no TDS
  • Forgetting that the transporter exemption applies only when carrier owns ≤ 10 goods carriages AND files declaration + PAN
  • Individual/HUF deducting TDS on personal payments — no TDS where payment is exclusively for personal purposes
Bare-Act text Section 194C · Income-tax Act, 1961 · click to expand
Any person responsible for paying any sum to any resident for carrying out any work (including supply of labour for carrying out any work) in pursuance of a contract... shall deduct income-tax @ 1% (Individual/HUF) or 2% (any other person)... No deduction where (a) sum credited/paid to a single contractor does not exceed ₹ 30,000 OR aggregate ≤ ₹ 1,00,000; (b) Individual/HUF pays exclusively for personal purposes; (c) payment to transporter owning ≤ 10 goods carriages who furnishes PAN.
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