TDS Rate on payment by a Tours & Travel Agency to its Guides
This query is : Resolved
07 May 2008
Hi !
What would be the TDS rate on a payment by a Tours & Travel Agency to the guides it hires for helping out the clients in visiting various tourists places. Guides are not an employee of the Company and freelancers. Will TDS be deducted u/s 194C or 194H or 194J.
Please reply ASAP with references.
Rozi Gupta
What would be the TDS rate on a payment by a Tours & Travel Agency to the guides it hires for helping out the clients in visiting various tourists places. Guides are not an employee of the Company and freelancers. Will TDS be deducted u/s 194C or 194H or 194J.
Please reply ASAP with references.
Rozi Gupta
07 May 2008
Dear Rozi,
TDS will be deducted @ 11.33% i.e.
IT - 10%
Surcharge - 10%( If the commission received by them is in excess of Rs 2500/-
Cess- 3%
Total- 11.33%.
Hope your doubt is clear now.
TDS will be deducted @ 11.33% i.e.
IT - 10%
Surcharge - 10%( If the commission received by them is in excess of Rs 2500/-
Cess- 3%
Total- 11.33%.
Hope your doubt is clear now.
07 May 2008
Dear Amit,
Please explain me the logic of ur answer i.e., why u/s 194H and not 194C or 194J. If there is any case law or rule, please tell me for reference purposes.
Please explain me the logic of ur answer i.e., why u/s 194H and not 194C or 194J. If there is any case law or rule, please tell me for reference purposes.
07 May 2008
My answer is supported by this definition of TDS on Commission which says:
Commission or brokerage includes any payment received or receivable, directly or indirectly, by a person acting on behalf of another person for services rendered (not being professional services) or for any services in the course of buying or selling of goods or in relation to any transaction relating to any asset, valuable article or thing, not being securities
Commission or brokerage includes any payment received or receivable, directly or indirectly, by a person acting on behalf of another person for services rendered (not being professional services) or for any services in the course of buying or selling of goods or in relation to any transaction relating to any asset, valuable article or thing, not being securities
07 May 2008
Hope now you are ok with it.
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