Sec. 194j(1)(ba) and sec. 194h - commission

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Anil (Querist)
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04 June 2012 If COMMISSION is paid to Director which section is applicable for TDS purpose. I am asking this question because both Section 194J(1)(ba) and Sec. 194H apply to commission.

Kindly give reasons for your answers.

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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04 June 2012 Section 194J has been amended by Finance Act 2012 to provide that TDS on any remuneration, commission etc payable to a director other than salary shall be deducted u/s 194J.

Accordingly, TDS on commission paid to director shall be deducted u/s 194J and not 194H.

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