Earlier in agreement there was a clause in which it is mentioned that a company will give commission to C & F on turnover basis and on this basis TDS on commission @ 10% were deducted. Now the agreement has been changed and company is giving service charges 25000 Rs monthly instead of commission on turnover but we are deducting TDS @ 10% (Commission ). Please clarify which Nature of TDS will now be deducted on Service charges given to C&F. Is it TDS @ 10% as commission or TDS @ 2% on contract.
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Tds to be charged
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If the agreement is for contract , then 2% is to deducted.From the reading i find it as a contrat.
Also check - Glaxo Smithkline Consumer Healthcare Ltd –vs- ITO 12 SOT 221 (Del)- held that payments made to clearing & forwarding agent fell under 194C & not u/s 194J. This was in 2007 , no other case laws found by me..pls check & clarify..
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