Whether TDS on AMC for technical services is to deducted u/s 194 C or 194 J?
Tanu Arora (Article) (30 Points)
26 July 2010Whether TDS on AMC for technical services is to deducted u/s 194 C or 194 J?
DT Fundas - Tarun rustagi
( Author)
(1150 Points)
Replied 26 July 2010
dear tanu
if the contract is for repairs or some other work then it is covered under section 194C but if there is specific technical services then it is covered under sec. 194J. normally amc is covered by 194C
N KRISHNA CHAITANYA
(CA Student)
(101 Points)
Replied 26 July 2010
As per your information you told i.e. AMC automatically it will fallen in 194C only.
Manoj BG
(Tax Professional and in Service)
(1795 Points)
Replied 26 July 2010
Covered by Sec 194C..
Regards,
Manoj
Prasad P
(Chartered Accountant)
(117 Points)
Replied 27 July 2010
AMC is primafacie falling under 194 C but, the nature of work also must be looked into.
Puneet Mantri
(CA Final student)
(534 Points)
Replied 27 July 2010
Shudhanshu Agrawal
(Business)
(2570 Points)
Replied 27 July 2010
Whenever you ask any query then please give full information of the case because a single point may change the applicability of the relevant section. In this case please provide details on what kind of technical services you are talking about.
Sagar Sharma
(CA Final Fianance Executive)
(111 Points)
Replied 27 July 2010
Generally AMC is Covered under Sec 194C
Mukund Patel
(Student)
(477 Points)
Replied 27 July 2010
Generally Annual maintenanc charge is covered under Section 194C because it is maintenace, and if there is any specific technical services than it is covered under Section 194J.
Balaji
(Accountant)
(24 Points)
Replied 27 July 2010
Hi This is Balaji from Chennai
Whether WCT is applicable for AMC ,because i am received AMC Payment from Client after deducting WCT .This is applicable
Thanks and regards
D.Balaji
muthuramk10
(Chartered Accountant)
(22 Points)
Replied 27 July 2010
Hi Tanu
The application of sections under the Income Tax Act has to be seen in deep on the content of the issue and the parties to the contract. Just having words AMC can not decide the application of sections. Normally it means Annual Maintenace Contract. In such case you analyze in this way:-
i. parties for AMC - Individual (HUF) or company ii. their residential status iii. domestic or foreign iv.contents - only service or service with supply of spares or only for technical service or with all and you have judge the AMC for business purpose or for personal purpose.
then you can see the section which can be covered and how it can be treated.
muthuramk10
(Chartered Accountant)
(22 Points)
Replied 27 July 2010
hi balaji ask the question very clearly. dont ask AMC, WCT. If you like to get a correct and clear reply put the question very clearly.
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