TDS from Sitting Fees paid to Directors
This query is : Open
13 October 2009
Sorry to bring up the query again. I am confused by divergent views read in various forums.
I have for reference the decision of Delhi HC in in CIT v. Orissa Cement Ltd. [2001] 250 ITR 846/118 Taxman 449. As I understand TDS is to be made for sitting fees. Is there any other case law overriding this?
What is the legal/judicial position as many big corporates do deduct TDS from Sitting Fees paid.
Regards
Raman
I have for reference the decision of Delhi HC in in CIT v. Orissa Cement Ltd. [2001] 250 ITR 846/118 Taxman 449. As I understand TDS is to be made for sitting fees. Is there any other case law overriding this?
What is the legal/judicial position as many big corporates do deduct TDS from Sitting Fees paid.
Regards
Raman
13 October 2009
I have not found any contradictory view and the case you referred is the last known case to me which justifies the TDS
13 October 2009
Pl read an article in http://www.thehindubusinessline.com/2002/07/13/stories/2002071300010900.htm
13 October 2009
TDS has to be deducted u/s 194J in case of sitting fees paid to directors.
14 October 2009
Executive directors :u/s 192 (cos its treated as managerial remuneration)
Non exec Directors : u/s 194J ( technical services )
Non exec Directors : u/s 194J ( technical services )
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