Applicability of TDS on Valuer - Banks

Now a days almost all banks are giving loan against Gold and for the purpose of valuation they are using the services of goldsmith. 

The fees for the goldsmith is collected from the borrower and the end of the month the bank pay for the services of Valuer.

Is bank is supposed to deduct TDS on the same u/s 194J.

 

Swaminathan   

Replies (5)
Originally posted by :Swaminathan
" Now a days almost all banks are giving loan against Gold and for the purpose of valuation they are using the services of goldsmith. 
The fees for the goldsmith is collected from the borrower and the end of the month the bank pay for the services of Valuer.
Is bank is supposed to deduct TDS on the same u/s 194J.
 
Swaminathan   
"


 

yes the banks must deduct TDS after the crossing of the limit specified by the IT Act U/s. 194J.

Yes, TDS needs to be deducted.

sec. 194J deals with TDS on professional and trechnical services

service provide by goldsmith should be considered as technical service in the eye of the LAW since this service of valuation can be provided  by only an expert hence TDS should be deducted

 Gold Smith is supposed to be the technical expert for the purposes of valuation of gold. Hence the payments made to goldsmith for the purposes of valuation, if they exceed the prescribed limits, shall be liable for TDS. So, in my opinion, the banks should deduct tax on such payments u/s 194J

yes

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