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Applicatibilty of tds on franchises payments

This query is : Resolved 
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(Querist)
26 September 2012 Hi friends..., Making contract for Franchises(one time Payment) .. payment have to made after deducting TS?

If TDS is appplicable on u/s 194j

(or)

Alternative : shall we treated Franchises(one time Payment) as a intangible assets ?
If we treated as Franchises as intangible Assets - TDS oblication is applicable?
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CMA Nishad Patkar

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CMA Nishad Patkar (Expert)
27 September 2012 Dear Kathiravan

TDS Applicability determined by the nature of payment and not how we are treated it in our books of Accounts. So if the nature of payment subject to tds then you have to deduct it.
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