Tds deduction on supply of manpower like chartered accountan

This query is : Resolved 

15 December 2015 my client is providing the professional ( chartered accountants, engineers etc) to multinational companies. as per section 194C supply of labour is covered under section 194 C & tds to be deducted U/s 194C, however the companies deducted the tds U/s 194 J saying they are hiring the professional from your company. but my client have not qualified in the above fields. TDS u/s 194j to be deducted only where payments or services taken from professionals & any technical work, supply of engineers & chartered accountants is not a technical jo or professional services, please clarify the same

15 December 2015 You are not supplying labour but professional so 194J applicable.

19 December 2015 my client supplying the professional , he is making a contract with other companies for suppling the professional , but my client is not professional , please provide any circular for your justification

19 December 2015 This is covered under fees for technical services covered under 194J. Fees for technical service means fees for rendering any mangerial, technical or consultancy services(including provision of services of technicians or other personnel).

30 December 2015 you have nor provide any circular for this, according to section 194 c , this is a contraact as the company is providing the employees only not the professional services

30 December 2015 we are providing only the full time employees to the company, the company is not so qualified to done the jobs, as per section 194 J only professional like doctors, lawyers & chartered accountants etc providing these jobs then tds to be deductable u/s 194j other wise it to be deductable u/s 194 C
please provide any case law regarding the same or any circular

30 December 2015 See my above reply. Please refer section 194J Your service fall under fees for technical services. Fees for technical services include supply of manpower for technical. consultancy and managerial.


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