Which section will be applicable on tds,94-c or 94-j
This query is : Resolved
Ram Asheshwar Pjiyar
(Querist)
11 August 2011
Dear Freinds,
we are provinding Computer Hardware service for HP at various location on contract basis, for which HP made payment after deducting TDS U/s 94-c.Now i want to know that while we make payment to hardware engeeneers whith whom we have made contract to do work for HP on our behalf, should we deduct TDS U/s-94-c or 94-J? supose we make payment rs.6000 or 7000 fix per Month for the contract
we are provinding Computer Hardware service for HP at various location on contract basis, for which HP made payment after deducting TDS U/s 94-c.Now i want to know that while we make payment to hardware engeeneers whith whom we have made contract to do work for HP on our behalf, should we deduct TDS U/s-94-c or 94-J? supose we make payment rs.6000 or 7000 fix per Month for the contract
11 August 2011
TDS should be deducted u/s 194J as he is providing technical service.
Ram Asheshwar Pjiyar
(Querist)
11 August 2011
then why HP deducted TDS, u/s-92C for the same?
CA PARAS BAFNA
(Expert)
11 August 2011
You can deduct TDS U/s 194C.
.
An engineer can be said to be rendering technical services if he could modify the systems by exercising his wisdom.
He can't make such alterations in the company models,( and from the day when he starts so he will be called by HP itself and pay him after TDS U/s 194J). He has just to follow the technical manuals and
maintain the machines. 194C is the appropriate Section for TDS.
.
.
An engineer can be said to be rendering technical services if he could modify the systems by exercising his wisdom.
He can't make such alterations in the company models,( and from the day when he starts so he will be called by HP itself and pay him after TDS U/s 194J). He has just to follow the technical manuals and
maintain the machines. 194C is the appropriate Section for TDS.
.
Message likes :
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11 August 2011
Seems Bafna Ji's view is correct.
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