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Tds on contract or professional

CA Prateek Marlecha (Consultant) (134 Points)

16 January 2012

CA Inter qualifieds are appointed as Consultants on a contactual basis for a period of 3 months. TDS under which section will be applicable? 194C or 194J ??

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6 Replies

VIGNESH (Manager Finance &Accounts) (327 Points)
Replied 16 January 2012

Dear Prateek,

first of all we have to read the agreement and decide the nature of work rendered by him. prima facie it is 194J if contract entered is for Professional work

Vineet Goyal (Assistant Manager - Finance & Accounts) (702 Points)
Replied 16 January 2012

U/s 194J as he is providing professional services.

praveen (Chartered Accountant) (6971 Points)
Replied 16 January 2012

I think they pay you on a consultant role basis. Hence, it will be under 194J only.

SIDDHARTH KOTHARI (N.A) (280 Points)
Replied 16 January 2012

"WORK" defined under Explanation (iv) of Sec 194C includes only following :

1) advertising

2) broadcasting and teleasting including the production of the programmes for such broadcasting or telecasting

3)carriage of goods or passengers by any mode of trasport other than by railways other than by railways

4) catering

5)mfg or supplying of the product according to the requiement or specificaton of the customer by using the material of hte puchased from the customer

As , services provided by the CA Inter not fall in any of the above criteria the TDS to be made u/s 194J and not under 194C as it is not WORK as defined under above Explanation.

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CA PRAVEEN SINGH (MANAGER ACCOUNTS) (2277 Points)
Replied 16 January 2012

first of all we have to read the agreement and decide the nature of work rendered by him. prima facie it is 194J if contract entered is for Professional work

CA PRAVEEN SINGH (MANAGER ACCOUNTS) (2277 Points)
Replied 16 January 2012

ORK" defined under Explanation (iv) of Sec 194C includes only following :

1) advertising

2) broadcasting and teleasting including the production of the programmes for such broadcasting or telecasting

3)carriage of goods or passengers by any mode of trasport other than by railways other than by railways

4) catering

5)mfg or supplying of the product according to the requiement or specificaton of the customer by using the material of hte puchased from the customer

As , services provided by the CA Inter not fall in any of the above criteria the TDS to be made u/s 194J and not under 194C as it is not WORK as defined under above Explanatio

RIGHT SAID BY ABOVE....