Section 194c says tds to be deducted when payment to individual/Huf - 1%
payment to other assesse - 2%
Then Why as per circular, while making payment to advertising agency tds is to be deducted at 1 %? Why not 2% ?
Saurabh806
(Kanpur)
(112 Points)
Replied 06 March 2015
The term ‘advertising’ has not been defined in the Act. During the course of the consideration of the Finance Bill, 1995, the Finance Minister clarified on the Floor of the House that the amended provisions of tax deduction at source would apply when a client makes payment to an advertising agency and not when advertising agency makes payment to the media, which includes both print and electronic media. The deduction is required to be made at the rate of 1 per cent. It was further clarified that when an advertising agency makes payments to their models, artists, photographers, etc., the tax shall be deducted at the rate of 5 per cent as applicable to fees for professional and technical services under section 194J of the Act. Circular: No. 715, dated 8-8- 1995.
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