# TDS for Service Charge

Joseph Samuel (Accountant) (75 Points)

18 October 2021

A manpower company  (called company A) conducting an interview. An another manpower company (called Company B) is giving candidates for the same interview. Now for giving the candidates, Company B  is asking Rs. 5,000/- per candidate as a Service Charge from Company A. That is, if the candidate given by Company B is selected in the interview, then the candidate make the payment to Company A. And from that, Company A has to pay Rs. 5,000/- to Company B. Company A is agreed for this. Totally 12 candidate were selected. So, Rs. 5,000*12 = Rs. 60,000/- is payable [there is NEITHER A WRITTEN CONTRACT, NOR A WRITTEN CONTRACT FOR CONTINUOUS SUPPLY OF SERVICE IN FUTURE].

Now my question is, whether Company A needs to deduct TDS for the payment they make to Company B or not ?

If yes, under which section will it come?

CMA Poornima Madhava (CMA) (13007 Points)
Replied 21 October 2021

194j would usually apply for recruitment services

Joseph Samuel (Accountant) (75 Points)
Replied 29 October 2021

Mam,

Thank you so much for the reply. One more thing. If we make the payment in two different months, whether do we need to deduct TDS for the amount we paid for this month or do we need to deduct TDS for the entire amount?

CMA Poornima Madhava (CMA) (13007 Points)
Replied 31 October 2021

If the aggregate payments or invoice value exceeds ₹30k, tax to be deducted at source.

Joseph Samuel (Accountant) (75 Points)
Replied 01 November 2021

No, what I am asking is, for example total invoice value is Rs. 50,000/-. So the TDS will be 5,000/-. And we are gonna pay the amount in two different installment as Rs. 25,000/- this month and another Rs. 20,000/- (Rs. 50,000/- - Rs. 5,000/- = Rs. 45,000/-) in the next month. As we made the payment of Rs. 25,000/- this month we need to deposit the TDS amount on or before 7th of next month. But when we deposit, whether do I need to deposit Rs. 2,500/- (as I gave only Rs. 25,000/- in the month) or Rs. 5,000/- (on total invoice value)?

CMA Poornima Madhava (CMA) (13007 Points)
Replied 01 November 2021

Deduct 5000 on total invoice value (as and when the invoice is accounted) even if payments are subsequently made in parts.

Joseph Samuel (Accountant) (75 Points)
Replied 02 November 2021

Thank you so much mam.

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