Master in Accounts & high court Advocate
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Posted on 18 March 2025
TDS applicability on training fees paid to the Brihan Mumbai Nagri Sahakari Banks Association Ltd, Mumbai depends on the nature of the payment and the recipient's status.
TDS Applicability:
1. *Section 194J of the Income-tax Act, 1961*: TDS is applicable on fees paid for professional or technical services, including training fees.
2. *Recipient's Status*: Since the Brihan Mumbai Nagri Sahakari Banks Association Ltd is a cooperative society, it is not exempt from TDS under Section 194J.
Exemptions: 1. *Section 194J(1)(vi)*: Exempts TDS on payments made to educational institutions, universities, or hospitals.
2. *Notification No. 21/2017*: Exempts TDS on payments made to research associations, universities, or colleges. Analysis: Based on the information provided:
1. *Training Fees*: The payment is for training fees, which falls under professional or technical services.
2. *Recipient*: The Brihan Mumbai Nagri Sahakari Banks Association Ltd is a cooperative society, not exempt from TDS under Section 194J. Conclusion: TDS is applicable on the training fees paid to the Brihan Mumbai Nagri Sahakari Banks Association Ltd, Mumbai. The TDS rate would be 10% (plus applicable surcharge and cess) under Section 194J.
Next Steps:
1. *Verify the Recipient's PAN*: Ensure the recipient has a valid PAN to avoid higher TDS rates.
2. *Deduct TDS*: Deduct TDS at the applicable rate and deposit it to the government within the stipulated time frame.
3. *Issue TDS Certificate*: Provide a TDS certificate (Form 16A) to the recipient within 15 days from the due date of furnishing the TDS statement.