03 August 2025
Alright, urgent question on **TDS applicability on Rs 34,400 paid to BESCOM for supervision charges** — here’s the detailed explanation:
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### Does TDS apply on supervision charges paid to BESCOM?
**Short answer:** **No TDS is deductible on supervision charges paid to BESCOM.**
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### Why?
1. **Who is BESCOM?** BESCOM (Bangalore Electricity Supply Company) is a **government-owned electricity utility**.
2. **Nature of Payment:** The Rs 34,400 is paid as **supervision charges for giving electricity connection** — essentially a **service charge to a government utility**.
3. **Applicability of TDS under Section 194C or 194J?**
* **Section 194C (Contractual payments to contractors):** Applies when payment is made to contractors or subcontractors for carrying out any work (including supply of labor). * **Section 194J (Fees for professional or technical services):** Applies to fees for professional or technical services.
4. **Is supervision charge a ‘work contract’ or ‘professional/technical service’?**
* Supervision charges paid to BESCOM for giving connection **do not qualify as a work contract or technical/professional service** as per TDS laws. * BESCOM, being a statutory utility, is charging a **regulated service fee**, not a contract or professional service.
5. **Section 194C exclusion:** Payments to government departments and statutory bodies are usually **exempt from TDS under Section 194C** (and generally under other TDS sections), unless specifically mentioned.
6. **CBDT Circulars & Rulings:** Income Tax department generally exempts **payments to government authorities like electricity boards from TDS**, especially when payment is a fee or charge for regulated services.
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### Summary:
| Payment Type | TDS Applicable? | Reason | | ---------------------------- | --------------- | ----------------------------------------------------------------------- | | Supervision charge to BESCOM | No | Payment to statutory govt body; not a work contract or professional fee |