Tds u/s 194 j

TDS 5798 views 16 replies

Dear All,

Please help me on following issue.

In F.Y 2012-13 company made provision of Rs.25000 for fees payable to professional service provider. As amount of provision did not exceed limit , no TDS was deducted.

In F.Y 2013-14 the actual payment of said fees was made along with adv. for F.Y 2013-14 Rs. 30,000. Hence total amount paid or credited aggregated to Rs. 55,000.

Is the company liable to deduct TDS on entire amount of Rs. 55,000/- ?? Because plain reading of the section suggests that TDS should be deducted if amount paid or credited during f.y exceeds the threshold limit. Will it matter that part of the fee pertains to F.Y 2012-13 and part of it pertains to F.Y 2013-14 ?

Replies (16)

Saurabh Rs. 25,000 pertains to fee relating to FY 12-13....so the same to be excluded while seeing the limits ...so in this case since Rs. 30000 paid for FY 13-14...no TDS to be deducted ....

Hi Dear 

       it is not required to deduct TDS becoz amount paid in yr 2012-13 rs 25000 and  yr 2013-14 rs 30000 which is not cross the  maximum limit.  

no need.

TDS is deducted at time of credit or payment whichever is earlier, so Rs25000 is already considered in FY 2012-13, there fore no need of considering in FY 2013-14 , Hence no TDS applicable.

Dear Saurabh,

Please Note Need not deduct TDS for FY 2012-13 for Rs.25K

But,

for the FY13-14 advance paid for Rs.30k tds to be deducted.

Because, As per IT TDS to be deducted even advance payment.

Please Deduct 10% of TDS from Advance amount of Rs.30k and remit.

Hope, you understand.

Under section 194J,any amount paid or credited by books (by what ever name) in a FINANCIAL YEAR if exceed 30000 in single payment or 75000 in aggregate impose onus on u to deduct TDS. here per bill is not relevant,relevant is just payment.,so u are not liable to deduct TDS both in financial year 2012-13,2013-14.i think u may got this doubt,if payment in current financial year is 52000,(20000 relating to bill in  F.Y 2012-13) and 32000 in current F.Y 2013-14.how much i need to deduct TDS.

u are liable to deduct TDS on 52000 but not on 77000

Originally posted by : Saurabh Maheshwari

Saurabh Rs. 25,000 pertains to fee relating to FY 12-13....so the same to be excluded while seeing the limits ...so in this case since Rs. 30000 paid for FY 13-14...no TDS to be deducted ....

 

 

Correct. TDS not to be deducted. 

Two separate financial year. No TDS.

 

 

Dear All,

As per 194J there is no single transaction or multiple transaction.

(here we are talking about 194J not 194C)

since he mentioned professional service provider.

if the amount equal or greater than Rs.30K .person liable to deduct TDS and remit.

eventhough advance tds to be deducted.

in this case, he has paid as advance of Rs.30k for the FY13-14.

I hope all of you understand.

 

 

thank you.u are right.194J will over rule of 194C

NO TDS should be deducted u/s 194J if the amount paid or likely to be paid during the F.Y. does not exceeds Rs. 30000.

In Income tax every year take it as separate assessment. In F.Y. 2012-13 if you are not liable then don't need to include on F.Y. 2013-14

Dear All,

Thank u so much for all your replies. The confusion was only due to the words used in the bae act. I am quoting it as it is:

"where the amount of such sum or, as the case may be, the aggregate of the amounts of such sums credited or paid or likely to be credited or paid during the financial year by the aforesaid person to the account of, or to, the payee, does not exceed—

 (i93[thirty thousand rupees], in the case of fees for professional services referred to in clause (a), or........"

The words in Bold created the confusion. But I think Kunal and CA Gunjan Jain rightly clarified my confusion by saying that, amount of Rs. 25,000/- was already considered in F.Y 2012-13. Hence not required to be considered again in F.Y 2013-14, when payment is made. I think this is clear enough. We should conclude the discussion.

Thank you all once again

Regards,

Saurabh Nene

as per my knowledge TDS should be deducted on whole amount of 55,000 bcoz as per act ,tds should be deduted credit or paid whichever is earlier.

In my view TDS shall be deducted as and when Vendor account has been credited/Paid, under current question vendor has been credited/ Paid in F.Y 2013-14 hence TDS should be deducted on entire amoount of Rs. 55,000 in current F.Y

 


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