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CONTENTS - Central Public Works Department

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SECTION 30<br />

(4) Completion certificate from the Senior Architect/Consultant Architect is necessary before final bill<br />

is paid to the contractor.<br />

(5) In the case of such work, the Executive Engineer should inform the Senior Architect/Consultant<br />

Architect concerned of the work having been completed in all respects within one month of the<br />

physical completion of the work, and request him to carry out his inspection and record the required<br />

completion certificate. The Senior Architect/Consultant Architect shall inspect the work and issue<br />

the certificate within 3 months of receipt of such an intimation.<br />

(6) An attested copy of this certificate of the Senior Architect shall be attached with the office copy of<br />

the final bill along with that of the Superintending Engineer, and it shall remain in the record of the<br />

Division.<br />

30.5 Payment through bank<br />

Payment due to a contractor, if so desired by him, may be made to his bank instead of direct to him,<br />

provided the contractor furnishes to the Engineer-in-charge all necessary documentation.<br />

30.6 Deduction of income tax at source<br />

(1) Under Section 194C of the Income Tax Act, 1961, deduction of income tax is required to be made<br />

at source by disbursing officers from payments made to contractors.<br />

(2) Before signing the First and Final bill/Running Account bill/Final bill, the Sub-Divisional Officer/<br />

Divisional Officer should see that:<br />

(i) The statutory deduction on account of income tax, wherever due, has been made from the bill<br />

of the contractor, and<br />

(ii) The same is specifically shown in the Memorandum of Payments thereof under the item, “By<br />

recovery of amounts creditable to other works or heads of accounts”. (Note 5 below para<br />

12.2.16 of CPWA Code).<br />

(3) It is open to the contractor or the sub-contractor as the case may be, to make an application to the<br />

Income Tax Officer concerned and obtain from him a certificate authorizing the payer to deduct<br />

tax at such lower rate or deduct no tax as may be appropriate to his case. Such certificate will be<br />

valid for the period specified therein unless it is cancelled by the Income Tax Officer earlier, and in<br />

such cases deduction will be made accordingly.<br />

(4) In view of the existing provision of Section 288 B of the Income Tax Act, 1961, the amount of tax<br />

to be deducted at source should be rounded off to the nearest rupee by ignoring amount less than<br />

fifty paise and rounding off amounts of fifty paise or more to one rupee.<br />

(5) The tax deducted on behalf of the Government should be paid to the credit of the <strong>Central</strong> Government<br />

on the same day by book adjustment. In other cases, the tax deducted should be paid to the credit<br />

of the <strong>Central</strong> Government within one week from the last day of the month in which the deduction<br />

is made.<br />

(6) Challans, for paying tax into the Government account, can be obtained from the Income Tax<br />

Officer concerned or the bank.<br />

(7) The authority responsible for making any payment to a contractor or a sub-contractor, as the case<br />

may be, should issue a certificate of tax deducted at source in the specified form.<br />

30.7 Deduction of VAT and cess (Building and other Workers’ Cess Act 1996)<br />

Cess Act is a central legislation but it is to be implemented by state Government by formation of cess<br />

collection mechanism and constitution of welfare Board. It has not been put to implementation by some<br />

state Government yet. There are provisions of deduction of cess from contractors bills and depositing<br />

them with state welfare Board. VAT is a state subject. The rate and other provisions vary from state to<br />

state. Under VAT also there is a statutory provision for deduction of tax at source ie. from contractor’s bill.<br />

These provisions should be followed wherever applicable.<br />

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