Query relating to 194H

Kumar (Article) (922 Points)

26 May 2010  

I have a query relating to TDS...
Whether A Stock Broker should deduct TDS on commission paid to Sub Brokers...... if so then under what section.... Because as per my understanding they should not deduct the same U/s. 194H coz... 
The provisions of Sec.194H as inserted by the Finance Act 2001 w.e.f. 01.06.2001, read with‘Explanation’ to the said section, commission or brokerage have been defined to include any payment for services rendered in course of buying or selling of goods or in relation to any transaction relating to any asset,valuable article or thing but does not include commission for buying or selling securities. The expression securities will be having the same meaning u/s 194H as assigned to it in clause (h) of sec. 2 of the Securities Contract(Regulation) Act 1956 (42 of 56). The clause (h) of sec 2 defines ‘Securities’ as under:


(i) Shares, scriptts, stocks, bonds, debentures,debenture stock or other marketable securities of a like nature in or of any incorporated company or other body corporate

[(ia) derivative:

(ib) units or any other instrument issued by any collective investment scheme to the investors in such schemes;]

[(ic) security receipt as defined in clause (2g) of section 2 of the securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002]

[(id) units or any other instrument issued to the investors under any mutual fund scheme;]

[(ii) Government Securities];


(iia) such other instruments as may be declared by the Central Government to be securities; and]

(iii) rights or interests in securities”