25 December 2009
Dear Friends, Section 194C of our IT Act says that deduction is to be made for carrying out any work or (Supply of Labour for carrying out any work). Now my question is shoudl i levy 194c if a party has provided Electricians & Supervisors for carrying out work at a place, the bill of the party contains Electricians & Supervisors, should these be considered as labour under the meaning of 194C, labours in section 194C according to me are unskilled labour, on the other hand an Electrician is a technician & considering the same fact TDS U/s. 194J should be deducted i.e. the party might have provided ( technical service/ assisstance to us). The same is the case with AMC Contracts, we deduct 194C on the same, but the service actually provided by them are sometimes professional services. Why can’t it be considered under 194J for TDS deduction. What opinion do you all have about this, Please correct me if I am wrong.