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After sale service contract - tds u/s 194c or 194h

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(Querist)
10 July 2012 After Sale Service Contract is made between Company and Individual. Payment to Indiviudal will be liable for deduction of TDS U/s 194H or 194C?
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CA Pooja

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CA Pooja (Expert)
10 July 2012 Sec 194H is for TDS from Commission or Brokerage so the same will not be applicable here.
The TDS on after sale service contract can be deducted ( subject to the threshold limits prescribed) u/s 194 C if it is a kind of routine/normal maintenance contract. But where the contract is for providing technical services then TDS should be deducted u/s 194J as per Circular no. 715 dated 8/8/1995
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