section 194J

Amendment In Section 194J W.E.F. 01.04.2020 – 2% & 10% Conundrum

Income Tax - AMENDMENT IN SECTION 194J W.E.F. 01.04.2020 – INTERPRETATION OF ‘FEES FOR TECHNICAL SERVICES (FTS)’ AND ‘FEES FOR PROFESSIONAL SERVICES (FPS)’ Prior to the amendment by Finance Act, 2020 in section 194J distinguishing a payment whether it is in the nature of professional or technical fees or a royalty did not hav...

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

Income Tax - 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 194J TDS on Professional or Technical Fees

Income Tax - 1) Who is responsible to deduct tax u/s 194J? Any person, not being an individual or a HUF, who is responsible for paying to a resident any sum by way of:- 1. Fees for professional Services Professions are notified under section 44AA Accountancy Architectural Authorised Representative Company Secretary Engineering Film Artists/Actors, Cam...

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TDS on Fees For Professional or Technical Services

Income Tax - Dear Friends as you are aware that we are a republic state and government is a representative of people of India. We Indians choose our government every five years and government will work for the welfare of the all Indians. The main sources of income of government is collection and levying of various types of […]...

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Analysis of amendment to Section 194J of Income-tax Act 1961

Income Tax - 1. Background: Finance Act 2020, has reduced withholding tax rates for fees for technical services under Section 194J of the Act to 2 percent from the existing rate of 10 percent.  Memorandum to Finance Bill 2020, clarified that this amendment is introduced to reduce existing litigation on account of classification of services under sect...

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Suggestion /representation on 7 Important Direct Tax Issues

Income Tax - Following is the summary of Suggestion /representation on behalf of the taxpayers/professionals in connection with the Direct tax related matter. Detailed reasoning of same is provided in subsequent paragraphs....

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Representation to reduce TDS rate on Professional Fees to 2%

Income Tax - A representation is been made to CBDT Chairman by leading accounting and CA Organisations of India  and it is been requested that current rate of 10% under section 194J of the Act should be reduced to 2% and to Prioritise issue of lower/ nil withholding tax certificates under section 197 of the Act. Full text […]...

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Enhancement Limits for TDS U/s. 194J on professionals to Rs. 1 Lakh: ICAI

Income Tax - It is suggested that the TDS limit for payment of professional or technical fees under section 194J may be increased from Rs. 30000 to Rs. 100000....

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No reopening of Cases Prior to 01.04.2012 & Circular to avoid multilevel TDS on software u/s 194J -FM

Income Tax - On the issue of retrospective amendment, Union Finance Minister, Shri Pranab Mukherjee has said that he had given a commitment in the Parliament with regard to retrospective amendments that CBDT will issue a policy circular to clarify that in cases where assessment proceedings have become final before first day of April, 2012; such cases ...

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No disallowance u/s 40(a)(i) for non-deduction of TDS u/s 194J on payments to expatriate employees seconded to taxpayer

Boeing India Pvt. Ltd. Vs ACIT (ITAT Delhi) - Boeing India Pvt. Ltd. Vs ACIT (ITAT Delhi) Conclusion: When expatriate employees seconded to taxpayer had worked as employees of the taxpayer company, their salary had been rightly subjected to section 192 and Explanation to section 9(1)(vii) which apparently made it clear that salary would not fal...

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TPA is required to Deduct TDS u/s 194J on Payments to Hospitals

CIT Vs TTK Healthcare TPA Pvt. Ltd. (Karnataka High Court) - The issue under consideration is whether Third Party Administrator (TPA) is required to deduct tax at source (TDS) on payments made to hospitals under Section 194J of the Income Tax Act?...

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TPA to Deduct section 194J TDS on Payments to Hospitals

TTK Healthcare TPA Private Limited Vs DCIT-TDS (Karnataka High Court) - The issue under consideration is whether a TPA, was required to deduct tax at source on payments made to hospitals under Section 194J of the Act?...

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TDS not deductible on Trade Offers Provided to Distributors

Nokia India Pvt. Ltd Vs Acit (ITAT Delhi) - Assessee made the detailed submissions inter alia contending that the provision of section 194H, 194C, 194J were not applicable to the case because the payment was not for any contractor of services or work, there was no relationship of agency....

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Roaming charges not ‘fee for technical services’ to attract section 194J TDS

DCIT TDS Vs Reliance Communications Ltd. (ITAT Mumbai) - DCIT TDS Vs Reliance Communications Ltd. (ITAT Mumbai) Roaming charges paid by the assessee to the other telecom service provider are not in the nature of ‘fee for technical services’ no TDS under section 194J is liable to be deducted. Once there is no liability for deducting tax at source, ques...

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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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Deduction of Tax at source on Service Tax on professional and technical fees

F. No.275/73/2007-IT(B) - (30/06/2008) - Circular No. F. No.275/73/2007-IT(B) Service Tax component to be considered for deducting tax on any sum paid as professional and technical fees under section 194J The Central Board of Direct Taxes (CBDT) has clarified that the payments made under section 194I differ significantly from payments mad...

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Recent Posts in "section 194J"

Amendment In Section 194J W.E.F. 01.04.2020 – 2% & 10% Conundrum

AMENDMENT IN SECTION 194J W.E.F. 01.04.2020 – INTERPRETATION OF ‘FEES FOR TECHNICAL SERVICES (FTS)’ AND ‘FEES FOR PROFESSIONAL SERVICES (FPS)’ Prior to the amendment by Finance Act, 2020 in section 194J distinguishing a payment whether it is in the nature of professional or technical fees or a royalty did not hav...

Read More
Posted Under: Income Tax |

No disallowance u/s 40(a)(i) for non-deduction of TDS u/s 194J on payments to expatriate employees seconded to taxpayer

Boeing India Pvt. Ltd. Vs ACIT (ITAT Delhi)

Boeing India Pvt. Ltd. Vs ACIT (ITAT Delhi) Conclusion: When expatriate employees seconded to taxpayer had worked as employees of the taxpayer company, their salary had been rightly subjected to section 192 and Explanation to section 9(1)(vii) which apparently made it clear that salary would not fall within the expression ‘fee for techn...

Read More

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 |

Section 194J TDS on Professional or Technical Fees

1) Who is responsible to deduct tax u/s 194J? Any person, not being an individual or a HUF, who is responsible for paying to a resident any sum by way of:- 1. Fees for professional Services Professions are notified under section 44AA Accountancy Architectural Authorised Representative Company Secretary Engineering Film Artists/Actors, Cam...

Read More
Posted Under: Income Tax |

TPA is required to Deduct TDS u/s 194J on Payments to Hospitals

CIT Vs TTK Healthcare TPA Pvt. Ltd. (Karnataka High Court)

The issue under consideration is whether Third Party Administrator (TPA) is required to deduct tax at source (TDS) on payments made to hospitals under Section 194J of the Income Tax Act?...

Read More

TPA to Deduct section 194J TDS on Payments to Hospitals

TTK Healthcare TPA Private Limited Vs DCIT-TDS (Karnataka High Court)

The issue under consideration is whether a TPA, was required to deduct tax at source on payments made to hospitals under Section 194J of the Act?...

Read More

TDS not deductible on Trade Offers Provided to Distributors

Nokia India Pvt. Ltd Vs Acit (ITAT Delhi)

Assessee made the detailed submissions inter alia contending that the provision of section 194H, 194C, 194J were not applicable to the case because the payment was not for any contractor of services or work, there was no relationship of agency....

Read More

Roaming charges not ‘fee for technical services’ to attract section 194J TDS

DCIT TDS Vs Reliance Communications Ltd. (ITAT Mumbai)

DCIT TDS Vs Reliance Communications Ltd. (ITAT Mumbai) Roaming charges paid by the assessee to the other telecom service provider are not in the nature of ‘fee for technical services’ no TDS under section 194J is liable to be deducted. Once there is no liability for deducting tax at source, question of charging interest under [&hellip...

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Roaming Charges Not Liable for TDS under section 194J

DCIT - TDS Vs Reliance Communications Ltd. (ITAT Mumbai)

The issue under consideration is whether the roaming charges paid by the assessee to the other telecom service provider are in the nature of ‘Fee for technical Services’ and hence liable for deduction of tax at source u/s 194J of the Act?...

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TDS on Fees For Professional or Technical Services

Dear Friends as you are aware that we are a republic state and government is a representative of people of India. We Indians choose our government every five years and government will work for the welfare of the all Indians. The main sources of income of government is collection and levying of various types of […]...

Read More
Posted Under: Income Tax |

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