Section 194C

Section 194C : Applicability Analysis

Company Law - Section 194C : Applicability Analysis Main Ingredient of Section 194 C are – (A). Any Person responsible for making payment, (B) Payment has to be made to resident, (C). Payment has to be for work, (D). Payment is in pursuance of a Contract with specified person (E). At the time of credit or payment which […]...

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Section 194J & 194C Monetary Limit unchanged for Individual/ HUF

Company Law - Monetary Limit under section 194J & 194C are unchanged for Individual or HUF, it is still Rs 1 crore instead of Rs 5 crores With Finance Act, 2020, tax audit total sales, turnover or gross receipts limit in case of Business has been changed to Rs 5 Crores instead of Rs 1 Crore earlier. Provided […]...

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Section 194C – TDS on Payment to Contractor

Company Law -  1) Who is responsible to deduct tax u/s 194C? Any person, other than an Individual or HUF, responsible for making payment to a resident contractor or sub-contractor for carrying out any work (including supply of labour) is liable to deduct tax at source under Section 194C. However, an Individual or HUF, AOP/BOI is liable to […]...

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TDS on Payment to Contractors- section 194C – Income Tax Act, 1961

Company Law - 1. INTRODUCTION The term TDS refers to tax deducted at source. The concept of TDS was introduced with an aim to collect tax from source itself. It fulfills dual purpose of Govt. i.e. advance receipt of tax and requirement to regulate person making certain payments or receiving any sum. Govt. is using TDS as its […]...

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Understanding TDS with Judicial Judgements

Company Law - The Tax deducted at source (TDS) is covered under chapter XVII of the Income Tax Act, 1961. There are number of sections & subsections under which TDS has to be deducted but the important which are most used by the assessee are given below:...

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Section 194C-: TDS on auto rickshaws and/or buses used for transportation of goods

Company Law - Section 194C(6) provides exemption to small good carriage contractor/transporter (owning not more than 10 goods carriage at any time during the previous year) on furnishing of PAN along with the declaration to that effect to deductor from TDS....

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SC asked Samsung to reply why it is not liable to deduct tax in respect of goods outsourced for manufacturing

Company Law - The Supreme Court has sought a reply from Samsung India Electronics on the I-T department plea that the firm is liable to deduct tax in respect of goods outsourced for manufacturing. The issue has been raised by the income-tax department saying that consumer electronics and home appliances manufacturer Samsung India Electronics Ltd is li...

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CBDT Expand Definition of Professionals

Company Law - The Central Board of Direct Taxes (CBDT) expanded the scope of professional services to cover sportspersons, umpires and referees, making them liable for a higher tax deduction at source (TDS) at the rate of 10% against 1-2%. ...

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TDS not applicable on payment of lease financial amounts to lease financial companies

CIT Vs Texas Instruments India Pvt. Ltd. (Karnataka High Court) - Neither Section 194-C nor 194-I of the Act would be applicable to the lease financing of motor vehicles; thus there could have been no disallowance on the ground that there was no tax deduction at source made by the Assessee....

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No Section 194C TDS on Hire Charges if not satisfies threshold limit of Rs. 20000

ACIT Vs Late D. Mahendran (ITAT Hyderabad) - ACIT Vs Late D. Mahendran (ITAT Hyderabad) The AO disallowed hire charges for non-deduction of tax u/s 40(a)(ia) of the I.T.Act, with an observation that the appellant has not brought on record any supporting evidence that he had hired lorries and trucks in the manner the public hire an auto or a ta...

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ITAT Judgment on TDS on surrogacy payments

Kiran Infertility Central Private Limited Vs ITO (ITAT Hyderabad) - We first of all advert to the impugned Section 40(a)(ia) r.w.s.194C and 194J issue of surrogacy payments in case of Shri S.Sesha Sai since the other recipient has never appeared to support the impugned claims till date. The CIT(A)’s identical lower appellate discussion affirming the Assessing Off...

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TDS not deductible by Uber India on Payments to Driver Partners

Uber India Systems Private Limited Vs JCIT (ITAT Mumbai)  - Uber India Systems Private Limited Vs Jt. CIT (ITAT Mumbai) Uber B.V. is involved in rendering lead generation service to the Driver-Partner and transportation service is not provided by Uber B.V. or UISPL. The transportation service is provided by the Driver- Partner to the User for which the car i...

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TDS on Common area maintenance charges- TDS U/s. 194I or 194C?

Kapoor Watch Company Pvt. Ltd. Vs ACIT (ITAT Delhi) - Kapoor Watch Company Pvt. Ltd. Vs ACIT (ITAT Delhi) Hon’ble Court held that maintenance charges must form a part of the rent while calculating the annual value of property u/s 23(1) of the Act for the purpose of Section 22 of the Act. However, in the present assessee company’s case, the common a...

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TDS on payments for procuring or canvassing for advertisements

Circular No. 05/2016- Income Tax - (29/02/2016) - Law Related to Tax Deduction at Source (TDS) on payments by television channels and publishing houses to advertisement companies for procuring or canvassing for advertisements....

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TDS on payments for production of content or programme for telecasting

Circular No. 04/2016- Income Tax - (29/02/2016) - Law Relating to Tax Deduction at Source (TDS) on payments by broadcasters or television channels to production houses for production of content or programme for telecasting....

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No TDS on transportation of gas if it is carried out in furtherance of contract for sale of gas- CBDT

Circular No. 9/2012-Income Tax - (17/10/2012) - Circular No. 9/2012 Representations have been received from various sections of the Industry on the difficulties faced in the matter of Tax Deduction at Source on Gas Transportation Charges paid by the purchasers of Natural gas to the sellers of gas....

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Cooling Charges Paid are not covered U/s. 194I but are covered U/s. 194C

Circular No. 1/2008-Income Tax - (10/01/2008) - CIRCULAR NO. 1/2008-Income Tax Representations have been received from various quarters regarding applicability of the provisions of Section 194-I to cooling charges paid by the various customers to the owners of cold storages. It has been represented that the cold storage owners provide a composite...

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Circular No. 715-Income Tax dated 8-8-1995

Circular No. 715-Income Tax - (08/08/1995) - Circular No. 715-Income Tax Clarifications on various provisions relating to tax deduction at source regarding changes introduced through Finance Act, 1995 The Finance Act, 1995, has enlarged the scope of income-tax deduction at source by making various amendments. In regard to the changes introdu...

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Recent Posts in "Section 194C"

TDS not applicable on payment of lease financial amounts to lease financial companies

CIT Vs Texas Instruments India Pvt. Ltd. (Karnataka High Court)

Neither Section 194-C nor 194-I of the Act would be applicable to the lease financing of motor vehicles; thus there could have been no disallowance on the ground that there was no tax deduction at source made by the Assessee....

Read More

No Section 194C TDS on Hire Charges if not satisfies threshold limit of Rs. 20000

ACIT Vs Late D. Mahendran (ITAT Hyderabad)

ACIT Vs Late D. Mahendran (ITAT Hyderabad) The AO disallowed hire charges for non-deduction of tax u/s 40(a)(ia) of the I.T.Act, with an observation that the appellant has not brought on record any supporting evidence that he had hired lorries and trucks in the manner the public hire an auto or a taxi on the […]...

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ITAT Judgment on TDS on surrogacy payments

Kiran Infertility Central Private Limited Vs ITO (ITAT Hyderabad)

We first of all advert to the impugned Section 40(a)(ia) r.w.s.194C and 194J issue of surrogacy payments in case of Shri S.Sesha Sai since the other recipient has never appeared to support the impugned claims till date. The CIT(A)’s identical lower appellate discussion affirming the Assessing Officer’s action disallowing assessee’s...

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Section 194C : Applicability Analysis

Section 194C : Applicability Analysis Main Ingredient of Section 194 C are – (A). Any Person responsible for making payment, (B) Payment has to be made to resident, (C). Payment has to be for work, (D). Payment is in pursuance of a Contract with specified person (E). At the time of credit or payment which […]...

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Posted Under: Income Tax |

TDS not deductible by Uber India on Payments to Driver Partners

Uber India Systems Private Limited Vs JCIT (ITAT Mumbai) 

Uber India Systems Private Limited Vs Jt. CIT (ITAT Mumbai) Uber B.V. is involved in rendering lead generation service to the Driver-Partner and transportation service is not provided by Uber B.V. or UISPL. The transportation service is provided by the Driver- Partner to the User for which the car is arranged by the Driver-Partner, all [&...

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TDS on Common area maintenance charges- TDS U/s. 194I or 194C?

Kapoor Watch Company Pvt. Ltd. Vs ACIT (ITAT Delhi)

Kapoor Watch Company Pvt. Ltd. Vs ACIT (ITAT Delhi) Hon’ble Court held that maintenance charges must form a part of the rent while calculating the annual value of property u/s 23(1) of the Act for the purpose of Section 22 of the Act. However, in the present assessee company’s case, the common area maintenance charges […]...

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No TDS on discount/rebate allowed to dealers/distributors on sale of products

ASUS India Pvt. Ltd. Vs Asst.CIT (ITAT Mumbai)

Disallowance made by AO under section 40(a)(ia) for non deduction of TDS on discount/rebate allowed to dealers/distributors on sale of products was not justified as there was no element of work as defined under clause (iv) of Explanation to section 194C and AO had not brought on record any material for deduction of  TDS under section 194...

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Section 194J & 194C Monetary Limit unchanged for Individual/ HUF

Monetary Limit under section 194J & 194C are unchanged for Individual or HUF, it is still Rs 1 crore instead of Rs 5 crores With Finance Act, 2020, tax audit total sales, turnover or gross receipts limit in case of Business has been changed to Rs 5 Crores instead of Rs 1 Crore earlier. Provided […]...

Read More
Posted Under: Income Tax |

Mistake in nomenclature in account head cannot change nature of payment

Art-E-Mide Construction Pvt. Ltd. Vs DCIT (ITAT Kolkata)

Art-E-Mide Construction Pvt. Ltd. Vs DCIT (ITAT Kolkata) AO noted that the assessee has paid consolidated salary (contract pay) of Rs. 8,39,960/-. Since it was shown as contractual payment made by the assessee of Rs. 8,39,960/- according to AO, Section 194C of the Act was attracted and therefore, the assessee was bound to deduct the [&hel...

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TDS not applicable on reimbursement of actual CAB expenses

Sri Balaji Prasanna Travels Vs ACIT (ITAT Bangalore)

Balaji Prasanna Travels Vs ACIT (ITAT Bangalore) It is observed that as agreed by and between the assessee and the cab owners, a vehicle was to be provided by the assessee to the parties and thus, the assessee was to bear the vehicle expenses actually incurred by the said cab owners and which will be […]...

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