whether serivices rendered by a carpenter worth Rs 5,00,000 are liable to tds undr section 194 j ?
what are the services come under professional services?
CA. Kunal Lakhotia
(ACA)
(1006 Points)
Replied 11 July 2013
As per I-T Act, "professional services" means services rendered by a person in the course of carrying on legal, medical, engineering or architectural profession or the profession of accountancy or technical consultancy or interior decoration or advertising or such other profession as is notified by the Board for the purposes of section 44AA or of this section;
As per s194J, individual & HUF are not liable to deduct tax unless they had tax audit in preceding AY.
In the above case, TDS needs to be deducted as its anyways income in the hand of carpenter.
Better if he can specify services and material seperately. TDS only on services portion.
Rajesh
(student)
(193 Points)
Replied 11 July 2013
Hai,
Please note, this carpenter will not come under section 194J.
He will come under section 194C.
So, my prespective if he / she having Pan No deduct the appropriate TDS and remit to the government.
because this amount goes beyond Rs.75K PA.
if wrong, please correct me.
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