Section 194C

Criteria to decide whether any service rendered will fall U/s. 194C or 194J: An Analysis

Income Tax - Whether TDS is deductible u/s 194C or 194J is always a matter of concern in day to day business world. Today an attempt has been made to provide the basis to reduce such concern. The write-up can be summed up in following parts: 1. Payment to Contractors – Section 194C 2. Fee for professional or technical services – Section 194J 3...

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TDS on Power Transmission & Wheeling Charges u/s 194J, 194I & 194C

Income Tax - Has the Contentious Issue of Applicability or Otherwise of TDS on Transmission & Wheeling Charges of Power Transmission Companies u/s 194J, 194I & 194C of the Income Tax Act, 1961, finally Settled???...

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TDS Rates Chart for FY 2017-18 / AY 2018-19

Income Tax - TDS Rates Chart for Financial Year 2017-18/ Assessment Year 2018-19 vide Finance Act 2017 i.e Budget 2017-18. We have updated the TDS rate chart considering the amendments made by Finance Act, 2017....

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TDS Rates Chart for FY 2016-17 / AY 2017-18

Income Tax - TDS Rate Chart: TDS/TCS Rates Chart for Financial Year 2016-17/ Assessment Year 2017-18 vide Finance Act 2016 i.e Budget 2016-17....

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Open Access Charges or Transmission Charges – Applicability of TDS Provisions

Income Tax - Wheeling Charges, Open Access Charges or Transmission Charges by whatever name it may be called, Income Tax Authorities have tried to cover it under TDS obligations whether as technical services u/s 194J, rent u/s 194I or as transport services u/s 194C. ...

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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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TDS U/s. 194C applies on amount paid under Oral Agreement

Sales Emporium (ULG) Vs. Income Tax Officer (ITAT Kolkata) - The Kolkata bench of ITAT recently held that TDS provisions under the Income Tax Act, 1961 are applicable to payments made under an oral agreement....

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TDS U/s. 194C not applicable on hiring charges paid to transporter or truck owners in absence of any written or oral contract

Chandrakant Thackar Vs. Asst. CIT (ITAT Cuttack) - When hiring of trucks and payment thereof was not in consequence upon any written or oral agreement, the natural outcome is that the provisions of section 194C, as has been held in the decisions referred to herein before, were also not applicable to the assessee’s case ...

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No Section 14A Disallowance if investments are business expediency & strategic investments

DCIT Vs. Sri Rikhab Chand Jain (ITAT Kolkata) - No disallowance U/s 14A of Act need to be made by invoking the provisions of Rule 8D (2) (ii) of Rules as investments admittedly are business expediency investments and strategic investments....

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Section 194C TDS not applicable on Transport Charges Reimbursed to suppliers

Assistant Commissioner of Income Tax Vs Sri Gobinda Gupta (ITAT Kolkata) - This appeal is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals), Burdwan dated 20.01.2016 and the solitary issue involved therein relates to the deletion by the ld. CIT(Appeals) of the disallowance of Rs.32,06,445/- and Rs.3,58,000/-...

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Payment for annual maintenance contracts could not be classified as fee for technical services

DHL Air Ltd. Vs. Dy. CIT (IT) (ITAT Mumbai) - It was held that the payment made for annual maintenance contracts would not fall under the category of fee for technical services within the meaning of provisions of section 194J of the Act. ...

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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"

Criteria to decide whether any service rendered will fall U/s. 194C or 194J: An Analysis

Whether TDS is deductible u/s 194C or 194J is always a matter of concern in day to day business world. Today an attempt has been made to provide the basis to reduce such concern. The write-up can be summed up in following parts: 1. Payment to Contractors – Section 194C 2. Fee for professional or technical services – Section 194J 3...

Read More
Posted Under: Income Tax |

TDS U/s. 194C applies on amount paid under Oral Agreement

Sales Emporium (ULG) Vs. Income Tax Officer (ITAT Kolkata)

The Kolkata bench of ITAT recently held that TDS provisions under the Income Tax Act, 1961 are applicable to payments made under an oral agreement....

Read More

TDS on Power Transmission & Wheeling Charges u/s 194J, 194I & 194C

Has the Contentious Issue of Applicability or Otherwise of TDS on Transmission & Wheeling Charges of Power Transmission Companies u/s 194J, 194I & 194C of the Income Tax Act, 1961, finally Settled???...

Read More
Posted Under: Income Tax |

TDS U/s. 194C not applicable on hiring charges paid to transporter or truck owners in absence of any written or oral contract

Chandrakant Thackar Vs. Asst. CIT (ITAT Cuttack)

When hiring of trucks and payment thereof was not in consequence upon any written or oral agreement, the natural outcome is that the provisions of section 194C, as has been held in the decisions referred to herein before, were also not applicable to the assessee’s case ...

Read More

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

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....

Read More
Posted Under: Income Tax |

No Section 14A Disallowance if investments are business expediency & strategic investments

DCIT Vs. Sri Rikhab Chand Jain (ITAT Kolkata)

No disallowance U/s 14A of Act need to be made by invoking the provisions of Rule 8D (2) (ii) of Rules as investments admittedly are business expediency investments and strategic investments....

Read More

Section 194C TDS not applicable on Transport Charges Reimbursed to suppliers

Assistant Commissioner of Income Tax Vs Sri Gobinda Gupta (ITAT Kolkata)

This appeal is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals), Burdwan dated 20.01.2016 and the solitary issue involved therein relates to the deletion by the ld. CIT(Appeals) of the disallowance of Rs.32,06,445/- and Rs.3,58,000/-...

Read More

Payment for annual maintenance contracts could not be classified as fee for technical services

DHL Air Ltd. Vs. Dy. CIT (IT) (ITAT Mumbai)

It was held that the payment made for annual maintenance contracts would not fall under the category of fee for technical services within the meaning of provisions of section 194J of the Act. ...

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TDS on AMC of medical equipments by Hospital- Section 194C or Section 194J?

ITO Vs. Balabhai Nanavati Hospital (ITAT Mumbai)

Expenditure on account of AMC of medical equipments etc., is not in the nature of fee for professional and technical services as construed under section 194J of the Act and hence, not liable to deduct TDS under section 194J of the Act. The assessee has deducted TDS under section 194C of the Act in regard to payments on AMC of medical equi...

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Payments made towards making copies of films- TDS U/s. 194C or 194J?

DCIT Vs. Yash Raj Films (P) Ltd. (ITAT Mumbai)

DCIT Vs. Yash Raj Films (P) Ltd. (ITAT Mumbai) In this case stand of assessee has been that assessee company had deducted TDS on the negative processing charges paid to Kodak India Ltd. as per the provisions of section 194J of the Act, as the negative processing involves specific tasks of editing, enhancement of quality […]...

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