There have been notices coming for Non deduction of Tds on Commission payment to OTA'S (online travel agents like MMT , OYO etc. ) u/s 194J . Though we have deducted u/s 194H
Can anyone clarify why they are issuing notices u/s 194J
Replies (6)
Quick Summary
This discussion addresses confusion regarding Income Tax notices for non-deduction of TDS on commission paid to Online Travel Agents (OTAs). While TDS was correctly deducted under Section 194H, the IT department is issuing notices under Section 194J, citing these as professional services. Participants are seeking clarification on the distinction between these sections and how to respond to the notices with supporting documentation.
There is a very thin line for defining the nature of service received as Professional Services or Commission payment. There are various case laws. Please refer them and determine the correct section in which the TDS is to be deducted
Well your question is very much genuine and your view point is also correct. Definitely there will be some information or some mismatch at some level in your returns or returns filed by the other counterparts. That can be known only after studying the entire case in detail. Hope you appreciate the understanding.