Tds on consultancy charges for a super senior citizen

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ATANU BANERJEE (Querist)
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02 June 2016 Respected sirs, we are hired a super senior citizen as an internal auditor to do the audit work for a period of one year.A sum of Rs.25000/- p.m was given to him as consultancy charges. Now, my question is should I deduct TDS? What is rule for deduction of TDS upon consultancy charges for a super senior citizen?

CA ABHAY GUPTA

CA ABHAY GUPTA (Expert)
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02 June 2016 yes u have to deduct tds under section 194J @ 10% on payment u made to him else ur 30% expense will be disallowed...only remedy is that the super senior citizen give certficate from his AO for non deduction of tds to you...

Amol S Joglekar

Amol S Joglekar (Expert)
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03 June 2016 for TDS, there is no any provision to look into the senior citizenship of the payee.

ATANU BANERJEE

ATANU BANERJEE (Querist)
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03 June 2016 Thank you all, but should I deduct TDS on his payment if he provide form 15H?

Murtaza I Bhagat

Murtaza I Bhagat (Expert)
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03 June 2016 No. 15H will not allowed in your case. For that you have to received non deduction certificate from super senior citizen as said by abhay sir.

Amol S Joglekar

Amol S Joglekar (Expert)
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03 June 2016 you are most welcome.

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