TDS U/S 194C OR 194, Income Tax

[ROHIT GOEL]

DEAR Experts,

Under a contract, following services are provided by a a professional consultancy firm "A":

A) Supply of 2 full time Consultants to a Client who shall be located at client premises at all times however be on payroll of firm A. Client shall pay Cost to A plus 10% in exchange of such manpower supply.

B) Supply of offsite consultancy to the same client.

Under contract, separate consideration of both 2 works is specified. Whether it shall be permissible if client deducts TDS u/s 194C on manpower supply portion and TDS u/s 194J on offsite consultancy portion?

If yes, kindly refer to any precedent/judgment in support.

Posts / Replies

[Amit Agrawal]

Dear Shri Rohit Goel Ji,

First a big disclaimer: I do not deal in income tax matters at all. Hence, please treat this strictly a friendly pointer/s on broad basis, purely based on general understanding of taxation laws in India.

In such type of contract, it is essential to see whether they are - in essence - one singular contract or actually, two separate contracts which are independent of each other. One needs to see entire terms & conditions, scope of work, responsibilities & obligations etc. to arrive at any conclusion.

In case of former, essential ingredients of the entire contract (i.e. principle supply, using GST analogy) will determine single applicable TDS sub-section for entire consideration. And in case of later, nature of services covered in each of two parts of the contract determine applicable TDS sub-section for each part separately.

Having two separate consideration does not necessarily proves or event points to that it is two separate contract.

As a matter of act, even having two separate contracts - by itself - does not necessarily proves that it is two separate contract.

If a singular contract is artificially bifurcated into two contracts without any logical justification & reasoning so as to reduce applicable TDS rate/s, Dept. / court will see through it. And if so, essential ingredients of the entire contract (i.e.two contracts read together) will determine applicable TDS sub-section.

These are strictly personal views of mine and the same should not be construed as professional advice / suggestion.