diff between u/s 194j and 194c

hi friends

i have return filed for the a/y 2008-09 and claim refund Rs. 3 lacs i am a civil contractor as per contract deed with a company but company deduct TDS u/s 194j But actually TDS make U/s 194c Gross received 3980000/- and return filled u/s 44ad but income tax officer say that your TDS dedut u/s 194j so you are under tax audit because you have gross received exceed 10/- lacs but actually i have worked u/s 194c and refund claims u/s 194c and exceed gross received 40/ lacs so i am not under in audit case

Plz send me the answer in my email:ashok_advocate @ yahoo.com.

Ashok Aggarwal

Replies (3)

DEAR ASHOK,

 

ONLY BEACUSE OF TDS CERTIFICATE SHOWING THAT TDS DEDUCTED UNDER SEC 194J CANNOT PROVED THAT U ARE ACTUALLY CARRYING TTHE PROFESSION. TDS DEDUCTOR HAS MADE THE MISTAKE IN DEDUCTING THE TDS UNDER 194J INSTEAD OF 194C. SO IN THAT CASE, U CAN MAKE  A REPLY TO THE AO SPECIFYING THE KIND OF SERVICES PROVIDED. U MAY ALSO ATTACHED COPY OF THE CONTRACT TO JUSTIFY AO THAT U R A CIVIL CONTRACTOR.

 

THIS IS A MISTAKE ON PART OF DEDUCTOR OF TDS AND ONLY BEACUSE TDS DEDUCTED UNDER SEC 194J WOULD NOT MAKE A BUSINESS AS PROFESSION IF U HAVE PROPER SUPPORTING TO PROVE THAT U R CARRYING ON BUSINESS OF CIVIL CONTRACTOR.

 

 

 

REGARDS,

 

MANOJ

Civil contract comes under section 194 C so you can always contest your case. Merely because the party has mentioned section 194 J in form 16A or in his tds return, does not change the nature of work done by you. You must contest your case.

INCOME TAX SECTIONS - MUST DOWNLOAD FOR REVISION

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