Implications of 194JA and applicability of 44 ADA

Tax queries 682 views 2 replies

This querry has come up from the side of my colleague. We both are medical professionals and I to is very interested in the answer.

I file using 44 ADA. I receive most payments through the TDS code 194J. Some of them were strictly not related to professional work. But heeding to the advice of my CA, I used to use 44 ADA for everything. His reasoning was the payment is coming to me from a company using the 194J code meant for professional services and hence 44ADA is better.

Last year on-wards i received payments with the 194Jb code...again meant for professional services-those were thus not a confusion. But a few payments came via the 194JA code.....this is specifically meant for technical services other than professional services...its specifically meant for services which do not fall under the category "professional services".

Question is this...can we opt not to include these under 44 ADA and pay tax under another head "other income"???

If so-it will work out better for yes both in short term and long term .(short term purpose: is that 50 lakh limit will not be breached...we can still use 44 ADA)

Replies (2)

44ada can be opted even for technical consultancy. It would be improper to declare such income under other sources.

I am a doctor. I examine patients, receive money. I conduct webinars, i conduct medical trials etc and collect remuneration. All this has come via 194JB. I intend to use 44 ADA for those.

Amongst all these I agreed to provide for providing instruments towards audio-visual support for a particular pharma company when they conduct health related classes to other doctors in my area(which means i provide for the laptop, the projector etc for the meeting and is also responsible for correcting any technical glitches that may come up during the meeting). Any layman could do the job. Its just that i managed to get the job. I am neither the delegate or faculty in these meetings. I just provide the technical support. When i finally received the remuneration, i received it via 194JA.

As I understand 194JA is for technical services (not being professional service)….

So please tell me whether you would still advice for 44ADA.


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