CA Student
15932 Points
Joined May 2011
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Originally posted by : Azad Jain |
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Whether definiton of Technical Services includes Recruitment services as per Section 194J of Income Tax Act, 1961? |
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Payments to recruitment agencies are in the nature of payments for services rendered, and hence will be subject to TDS under section 194J of the Act.
In view of Answer to Question No.12, as provided in Circular No.715, dated 8.8.1995
"fees for technical services" shall have the same meaning as in Explanation 2 to clause (vii) of sub-section (1) of section 9
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.Explanation [2].—For the purposes of this clause, "fees for technical services" means any consideration (including any lump sum consideration) for the rendering of any managerial, technical or consultancy services (including the provision of services of technical or other personnel) but does not include consideration for any construction, assembly, mining or like project undertaken by the recipient or consideration which would be income of the recipient chargeable under the head "Salaries".]