Tds under section 194j or 194c??

This query is : Resolved

Varun Kaura (Querist)
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25 April 2016 A RETIRED MAJOR IS PROVIDING CONSULTANCY SERVICES TO OUR COMPANY AND RAISING HIS BILL OF CONSULTANCY CHARGES.

AND OUR COMPANY'S CA HAS GIVEN INSTRUCTION TO DEDUCT TDS U/S 194C @1%. BUT AS THE CONSULTANCY IS COVERED U/S 194J.

SO PLEASE PROVIDE THE NOTIFICATION OR CLARIFICATION THAT UNDER WHICH SECTION TDS SHOULD BE DEDUCTED?????

Amol S Joglekar

Amol S Joglekar (Expert)
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25 April 2016 what sort of consultancy is being provided? In majority of the cases of ex military people, it is either man power supply or security service and so on so forth.
While consultancy falls under 194J, the man power supply or security service etc fall under 194C

Varun Kaura

Varun Kaura (Querist)
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26 April 2016 Mr. Amol, thanks for your response.
He is providing the marketing consultancy..... But he is not having any specified qualification relating to marketing consultancy but he is raising the bill in name of consultancy charges.
My question is that will the company consider it as a professional or techinal service or will consider it as a normal contract????

Amol S Joglekar

Amol S Joglekar (Expert)
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27 April 2016 if it is marketing consultancy, then irespecive of the educational qualification, it should go to 194J. The section wording is very clear and such requires no circular or notification.

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