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194 J Vs. 194-C

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(Querist)
07 May 2010 One of my assessee – Firm is doing franchisee of Educational Institutue – Satellite Learning Programme. T.D.S is being deducted by Franchisee U/s 194-J at 10% , While I am of opinion that T.D.S is applicable at 2% u/s 194-C being no technical or professional service at Franchisee end. Please tell with case law whether I am right or not ?.
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CA. RAJESH Kr. MAURYA

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CA. RAJESH Kr. MAURYA (Expert)
07 May 2010 well Tarun, unable to locate any case law for it, I do agree with you that TDS should be deducted under 194C only...
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CMA. CS. Sanjay Gupta

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CMA. CS. Sanjay Gupta (Expert)
07 May 2010 AGREE WITH EXPERT. SEC 194C IS ATTRACTED.
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CMA Arif Farooqui

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CMA Arif Farooqui (Expert)
13 May 2010 it is a type of contract, so TDS should be deduct u/s 194 C not u/s 194 J
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