LCS ACA
2050 Points
Joined September 2007
For Section 194H
“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;
(iii) the expression “securities” shall have the meaning assigned to it in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956)6 ;
The definition of securities given in section 2 of the Securities Contracts (Regulation) Act, 1956 is
(h) "securities" include- (i) shares, scrips, stocks, bonds, debentures, deben- ture stock or other marketable securities of a like nature in or of any incorporated company or other body corporate; (ii) Government securities; (iia) such other instruments as may be declared by the central Government to be securities; and"] (iii) rights or interests in securities;
Hence in my opinion TDS needn't to be deducted at time of public issue. However its better to deduct to be on safer side.