TDS on consulting fee paid by advocate to advocate

Is TDS applicable for payment made on consulting fee paid by one advocate to another advocate? 

Replies (10)
Quick Summary
This discussion clarifies whether Tax Deducted at Source (TDS) applies to consulting fees paid by one advocate to another. The consensus is that Section 194J of the Income Tax Act 1961 is indeed applicable, requiring TDS at 10%. This applies regardless of whether the advocates are individuals or if one party is a law firm, contrary to a claim made by one advocate. A key condition to check is if the receiving advocate's gross receipts exceeded 50 lakhs in the preceding financial year.

It will surely be applicable under 194j.
but do check if the advocate's gross receipts exceed 50 lacs in preceding fy.
I think 194J will be applicable
Agreed the comments of veerendar singh

The advocate (to whom the consulting payment is to be made) mentioned that TDS is not applicable when making consulting fee payment from Advocate (Individual) to another Advocate (individual). It is only applicable if one of the parties is a Law Firm. 

Trying to get clarity on this claim of exemption and the relevant provision under the Act.  

Originally posted by : veerendar singh

It will surely be applicable under 194j. but do check if the advocate's gross receipts exceed 50 lacs in preceding fy.

 

The advocate (to whom the consulting payment is to be made) mentioned that TDS is not applicable when making consulting fee payment from Advocate (Individual) to another Advocate (individual). It is only applicable if one of the parties is a Law Firm. 

Trying to get clarity on this claim of exemption and the relevant provision under the Act, if true and applicable.
 

 

That advocate has clearly got it wrong.
you might have to argue with him. the law is very clear, tds is liable to be deducted under 194j.
Originally posted by : veerendar singh
open quote

That advocate has clearly got it wrong.you might have to argue with him. the law is very clear, tds is liable to be deducted under 194j.

 

Thank you. This helped. 

close quote

 

Welcome
194J is applicable

section 194 J of Income Tax Act 1961 is applicable and TDS @ 10% would be applicable.  

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