directors sitting fees


This query is : Resolved 

(Querist)
17 March 2008 do we have to deduct tds on directors sitting fees payable to a NR? if yes at what rate of tax? substantiate if full time director?

prathima (Querist)
17 March 2008 waiting for a quick reply

17 March 2008 The law relating to sitting fees is contained in Section 309(2) of the Companies Act, which states that a `director' may receive remuneration by way of a fee for each meeting of the board of a committee thereof attended by him. Therefore, the legal requirement to pay sitting fees arises from the express provisions of the Companies Act itself. The issue for consideration here is whether sitting fees would come under the category: a) fees for professional services; and b) fees for technical services.

By attending board meetings, a director is not rendering any professional services. Further, the term professional service refers to a few types of services contained in the definition which, inter alia, does not include payment relating to sitting fees. Coming to technical services, by attending and participating in board meetings, directors are not rendering any managerial, technical or consultancy services.

The question for immediate consideration is whether the sitting fees paid to a director would come under the clause "fees for technical services".Than it will be attract sec.194J

17 March 2008 No. TDS provsions are not applicable to Director's Sitting Fees

19 March 2008 Shailesh until you dont the situation how can you say that tds will not attract if its for technical fees tds will attract

prathima (Querist)
21 November 2008 Can we relate sec 309(2)of Companies Act 1956 for the query u/s 194J of Income tax Act, 1961 under consideration??


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