Tax Management India. Com
                            Law and Practice: A Digital eBook ...
TMI - Tax Management India. Com
Case Laws Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Manuals SMS News Articles Highlights
        Home        
 
Discussions Forum
Home Forum Other Topics This
A Public Forum.
Anyone can participate to share knowledge.
We acknowledge the contributions of Experts/ Authors.

Submit new Issue / Query

← Previous Next →

TDS Deduction, Other Topics

Issue Id: - 113729
Dated: 11-5-2018
By:- siddharth desai
TDS Deduction

  • Contents

i m working on an annual cotract with an MNC. my monthly retainer fees is inr 200,000 + 18% GST. company's taxation department is pressing for 10% TDs deduction under section 194J wherin all these years, my previous companies has always deducted 2% under section 194C. my nature of work is providing them with techincal man power to make creative artworks. need some expert opinion / clarity on what shud i do

Post Reply

Posts / Replies

Showing Replies 1 to 4 of 4 Records

1 Dated: 12-5-2018
By:- DR.MARIAPPAN GOVINDARAJAN

TDS under section 194C is for works contract and under section 194J is for professional services. Your fees amounts to professional services and therefore the contention of the taxation department is correct.


2 Dated: 12-5-2018
By:- YAGAY and SUN

In our view it should be 10% as you providing technical/creative artworks as a professional.


3 Dated: 14-5-2018
By:- YAGAY and SUN

2018 (5) TMI 850 - ITAT MUMBAI

ACIT (LTU) -1, Mumbai Versus M/s WTI Advance Technology Ltd. (Now merged with Tata Consultancy Ltd.)TDS u/s 194C OR 194J - scope of work of the contracts entered into by the assessee with the parties/contractors - tds liability - TCS had entered into an agreement with the assessee company for creation of Geographical Information system in the State of Maharashtra and Gujarat - Held that:- As the payments made to the vendors for the work done by them by deploying semi-skilled personnel, did not involve any technical or professional knowledge on their part, the same could not be brought within the sweep of Sec. 194J and had rightly been subjected to deduction of tax at source by the assessee under Sec. 194C.

We thus being of the view that the assessee had correctly deducted tax at source on the payment made to the vendors, therefore, no disallowance under Sec.40(a)(ia) as regards the same was liable to be made in the hands of the assessee. We thus finding no infirmity in the order of the CIT(A), uphold the same in context of the issue under consideration.- Decided against revenue


4 Dated: 15-5-2018
By:- Ganeshan Kalyani

In my view , TDS is deductible @2% under 194C.


1

Post Reply

← Previous Next →
Discussion Forum
what is new what is new
 


|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.