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Notice of Tds from IT department

25 January 2020

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

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6 Replies

Roshni (Studwnt) (1141 Points)
Replied 25 January 2020

These are professional services given by Online travel Agent so 194J applies.

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CA SANDESH MAHIPAL (Practicing in GST and MSME ) (1985 Points)
Replied 25 January 2020

If you have correctly deducted and deposited TDS and filed TDS returns, give reply along with details.
Regards

2 Like

Saksham Chamoli (26 Points)
Replied 25 January 2020

@ Ca sunny agarwal , yes though even i know that it has been correctly deposited .

what could be the intention of department for issuing notice u/s 194J

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CA Kiran Sutrave (CA) (428 Points)
Replied 25 January 2020

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

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CA SANDESH MAHIPAL (Practicing in GST and MSME ) (1985 Points)
Replied 25 January 2020

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.

Regards

1 Like