TDS from Sitting Fees paid to Directors

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R K Raman (Querist)
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13 October 2009 Sorry to bring up the query again. I am confused by divergent views read in various forums.

I have for reference the decision of Delhi HC in in CIT v. Orissa Cement Ltd. [2001] 250 ITR 846/118 Taxman 449. As I understand TDS is to be made for sitting fees. Is there any other case law overriding this?

What is the legal/judicial position as many big corporates do deduct TDS from Sitting Fees paid.

Regards

Raman

CA SANJAY MUKHERJEE

CA SANJAY MUKHERJEE (Expert)
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13 October 2009 I have not found any contradictory view and the case you referred is the last known case to me which justifies the TDS

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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13 October 2009 Pl read an article in http://www.thehindubusinessline.com/2002/07/13/stories/2002071300010900.htm

Sreedhar Atchutuni ACA,GradCWA

Sreedhar Atchutuni ACA,GradCWA (Expert)
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13 October 2009 TDS has to be deducted u/s 194J in case of sitting fees paid to directors.

Rajeev

Rajeev (Expert)
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14 October 2009 Executive directors :u/s 192 (cos its treated as managerial remuneration)
Non exec Directors : u/s 194J ( technical services )

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