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Section- 194j of i.t act 1961

TDS 3557 views 7 replies

Whether definiton of Technical Services includes Recruitment services as per Section 194J of Income Tax Act, 1961?

Replies (7)

i think, Yes.....

Originally posted by : Azad Jain
Whether definiton of Technical Services includes Recruitment services as per Section 194J of Income Tax Act, 1961?

Payments to recruitment agencies are in the nature of payments for services rendered, and hence will be subject to TDS under section 194J of the Act.

In view of Answer to Question No.12, as provided in Circular No.715, dated 8.8.1995


"fees for technical services" shall have the same meaning as in Explanation 2 to clause (vii) of sub-section (1) of section 9
.
.
Explanation [2].—For the purposes of this clause, "fees for technical services" means any consideration (including any lump sum consideration) for the rendering of any managerial, technical or consultancy services (including the provision of services of technical or other personnel) but does not include consideration for any construction, assembly, mining or like project undertaken by the recipient or consideration which would be income of the recipient chargeable under the head "Salaries".]

Yes it will be included.

It is in the defination of 194J

Hello Ajad,

 

Recruitment service comes under the purview of Professional Service and hence TDS is liable to be deducted u/s 194J. TDS is deductable if annual amount payable/paid would exceed Rs. 180000.00

Thanks & regards

Ketan Kothari

 

Hello Ketan ji

Kindly reply with case laws, if any, that how the recruitment services is covered under the purview of definition of Profession, as one can carry on the business of Recruitment Services even a person does not   have specialised knowledge & skill.

Kind Regards

CA. Azad JAIN

under which section , i deduct the tax on quiz orgniser.

 


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