TDS on payment to Bureau of Indian Standards

This query is : Resolved 

23 December 2010 Good morning Sir,
Kindly tell me that the payment made to BIS regarding testing & Analysis with renewal of licence, the payment is liable to deduct the tax at source? If yes then in which section & what is the rate of Interest & Penalty?

23 December 2010 Yes Tds is Laiable under section 194 J @10% w.e.f 01.07.2010 before that @10.30% on Testing and Analysis Charges with Renwal of Licence fee.


23 December 2010 Thank you Sir.
But sir the Bureau Of Indian Standards is a government corporate body & TDS is not applicable to payment of govt. body.
Please sir brefily discribe it.
Thanks.

24 December 2010 Dear Ankur,

In Section 194, have no such clause that tds shall not be laible on Government Agencies. &


Bureau Of Indian Standards rendering Technical Services to the Industry & Commerce at large and it is a institution not a Government.


As in Cirulars and Section 194 C having details which not avaialbale on Section 194J

15 April 2014 BIS is covered in the defination u/s 10(23c)
so no need to deduct tds

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Guest (Expert)
23 December 2014 BIS is covered u/s 10(23C)(iv) of the Income Tax Act, 1961.

However, that does not result in non deduction of TDS on its income for technical services provided. Accordingly, TDS has to be deducted on payments made to BIS for technical service provided to the assessee.

It is the duty of BIS to claim benefit of 10(23C)(iv) in its ITR and receive refund of Income tax directly from the authorities.

30 April 2021 pls refer NOTIFICATION NO. 111/2016, DATED: 01-12-2016. Income arising to BIS has been exempted by Govt of India


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