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Section 194C

Payment to advertising agency attracts TDS under Section 194C

Income Tax - It is held that, TDS has to be deducted u/s 194C of Income Tax Act, 1961 (the IT Act) on payment made to advertising agency even if there is no written contract....

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Section 194C TDS on Payment to Contractor

Income Tax - 1) Who is responsible to deduct tax under Section 194C of Income Tax Act, 1961? Any specified person responsible for paying any sum to any resident-contractor for carrying out any work (including supply of labour for carrying out any work) in pursuance of a contract. Following are the specified persons – a. The Central Government [&hell...

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Section 194C | Associated Cement Company Ltd. Vs. CIT (Supreme Court)

Income Tax - “Section 194C(1) :Scope of any work , explanation as income tax on income comprised therein , and total value of the work contract,TDS on reimbursement part  explained by the Hon’ble SC in Associated Cement Company Ltd vs Commissioner Of Income-Tax … on 23 March, 1993 ‘194C(1). Any person responsible for paying any sum to...

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Section 194C amendments & important judgements on section 40(a)(ia)

Income Tax - Section 194C of the Income tax Act 1961 with amendments and some important court judgements on section 40(a)(ia) What is the nature of contract and who is the contractor and whether liability to deduct TDS under section 194C arises or not etc. This has been explained as under with circulars issued by the CBDT from […]...

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TDS Rate Chart for FY 2021-22 / AY 2022-23 – Updated

Income Tax - Income Tax TDS Rate Chart for for Financial Year (FY) 2021-22 / Assessment Year (AY) 2022-23 The term ‘TDS’ refers to ‘Tax Deduction at source’. It is a mechanism wherein a person responsible to pay a sum of specified nature shall deduct an amount towards TDS and pay it to the credit of Central Government. […]...

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

Income Tax - 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

Income Tax - 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

Income Tax - 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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No section 194C TDS on vehicle hired from drivers for Transportation

CIT Vs P. Sumathi (Madras High Court) - CIT Vs P. Sumathi (Madras High Court) On facts, the Court found that the assessee therein had entered into a contract to supply vehicles to M/s. Mahindra and many other companies under written contract on various dates and only to perform the obligation under the said contracts, he had hired vehicle...

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Section 194C TDS deductible on Advertisement expense for Business purpose

Perfect Probuild P. Ltd. Vs DCIT (ITAT Delhi) - Perfect Probuild P. Ltd. Vs DCIT (ITAT Delhi) A reading of section 194C with Explanation (iv) thereof makes it clear that any person responsible for paying any sum to any resident for carrying out the work of advertising, broadcasting and telecasting shall deduct an amount equivalent to 1% where the...

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Consultant Doctors cannot be treated as employee for TDS deduction

DCIT Vs Hurkisondas Nurrotumdas Hospital & Research Centre (ITAT Mumbai) - DCIT Vs Hurkisondas Nurrotumdas Hospital & Research Centre (ITAT Mumbai) Going by the factual matrix as enumerated in the preceding paragraphs, it could be noted that the terms of arrangement with consultant Doctors was different from employee-doctors. The consultant doctors were paid based on t...

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ITAT criticises CIT(A) for lack of judicious approach

Qantas Airways Ltd. Vs ACIT (ITAT Mumbai) - Qantas Airways Ltd. Vs ACIT (ITAT Mumbai) Section 194C TDS deductible on Payment for use of lounge facilities by passengers A payment for the use of lounge facilities by the passengers, in our considered view, is clearly in the nature of payment for the use of certain facilities for the passengers. ...

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In absence of any contract or sub-contract work by Joint Venture to its members, Section 194C not applicable

ITO Vs Shraddha & Prasad Joint Venture (ITAT Pune) - ITO Vs Shraddha & Prasad Joint Venture (ITAT Pune) This appeal preferred by the Revenue emanates from the order of the Ld. CIT(Appeal), Pune-3 dated 29.08.2017 for the assessment year 2014-15 as per the following grounds of appeal on record : “1. On the facts and circumstances of the case, the...

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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"

No section 194C TDS on vehicle hired from drivers for Transportation

CIT Vs P. Sumathi (Madras High Court)

CIT Vs P. Sumathi (Madras High Court) On facts, the Court found that the assessee therein had entered into a contract to supply vehicles to M/s. Mahindra and many other companies under written contract on various dates and only to perform the obligation under the said contracts, he had hired vehicles from the sub-contractors under [&helli...

Read More

Payment to advertising agency attracts TDS under Section 194C

It is held that, TDS has to be deducted u/s 194C of Income Tax Act, 1961 (the IT Act) on payment made to advertising agency even if there is no written contract....

Read More
Posted Under: Income Tax |

Section 194C TDS deductible on Advertisement expense for Business purpose

Perfect Probuild P. Ltd. Vs DCIT (ITAT Delhi)

Perfect Probuild P. Ltd. Vs DCIT (ITAT Delhi) A reading of section 194C with Explanation (iv) thereof makes it clear that any person responsible for paying any sum to any resident for carrying out the work of advertising, broadcasting and telecasting shall deduct an amount equivalent to 1% where the payment is being made to […]...

Read More

Consultant Doctors cannot be treated as employee for TDS deduction

DCIT Vs Hurkisondas Nurrotumdas Hospital & Research Centre (ITAT Mumbai)

DCIT Vs Hurkisondas Nurrotumdas Hospital & Research Centre (ITAT Mumbai) Going by the factual matrix as enumerated in the preceding paragraphs, it could be noted that the terms of arrangement with consultant Doctors was different from employee-doctors. The consultant doctors were paid based on the services rendered by them and on the ...

Read More

ITAT criticises CIT(A) for lack of judicious approach

Qantas Airways Ltd. Vs ACIT (ITAT Mumbai)

Qantas Airways Ltd. Vs ACIT (ITAT Mumbai) Section 194C TDS deductible on Payment for use of lounge facilities by passengers A payment for the use of lounge facilities by the passengers, in our considered view, is clearly in the nature of payment for the use of certain facilities for the passengers. What passenger gets by […]...

Read More

Section 194C TDS on Payment to Contractor

1) Who is responsible to deduct tax under Section 194C of Income Tax Act, 1961? Any specified person responsible for paying any sum to any resident-contractor for carrying out any work (including supply of labour for carrying out any work) in pursuance of a contract. Following are the specified persons – a. The Central Government [&hell...

Read More
Posted Under: Income Tax |

Section 194C | Associated Cement Company Ltd. Vs. CIT (Supreme Court)

“Section 194C(1) :Scope of any work , explanation as income tax on income comprised therein , and total value of the work contract,TDS on reimbursement part  explained by the Hon’ble SC in Associated Cement Company Ltd vs Commissioner Of Income-Tax … on 23 March, 1993 ‘194C(1). Any person responsible for paying any sum to...

Read More
Posted Under: Income Tax |

Section 194C amendments & important judgements on section 40(a)(ia)

Section 194C of the Income tax Act 1961 with amendments and some important court judgements on section 40(a)(ia) What is the nature of contract and who is the contractor and whether liability to deduct TDS under section 194C arises or not etc. This has been explained as under with circulars issued by the CBDT from […]...

Read More
Posted Under: Income Tax |

In absence of any contract or sub-contract work by Joint Venture to its members, Section 194C not applicable

ITO Vs Shraddha & Prasad Joint Venture (ITAT Pune)

ITO Vs Shraddha & Prasad Joint Venture (ITAT Pune) This appeal preferred by the Revenue emanates from the order of the Ld. CIT(Appeal), Pune-3 dated 29.08.2017 for the assessment year 2014-15 as per the following grounds of appeal on record : “1. On the facts and circumstances of the case, the order of the Ld. […]...

Read More

TDS Rate Chart for FY 2021-22 / AY 2022-23 – Updated

Income Tax TDS Rate Chart for for Financial Year (FY) 2021-22 / Assessment Year (AY) 2022-23 The term ‘TDS’ refers to ‘Tax Deduction at source’. It is a mechanism wherein a person responsible to pay a sum of specified nature shall deduct an amount towards TDS and pay it to the credit of Central Government. […]...

Read More
Posted Under: Income Tax | ,

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