Tds on stage setup, sound light and artist payments

This query is : Resolved 

04 June 2014 Dear ALL

Urgent please help we have a bill Rs.400000/- having service for an event includes stage setup, sound and light, artists, photographer payment. please help regarding Tds applicability with notification.

Thanks
Gaurav

04 June 2014 Deduct on whole amount to be on safer side.

Else power is not covered & service tax (If any) will also not be covered.

04 June 2014 whether it whole amount fall under 194 j.. please help regarding notification against the same.


04 June 2014 whether it whole amount fall under 194 j.. please help regarding notification against the same.

04 June 2014 The above amount fall u/s 194C

04 June 2014 Agree with Mandeep sir.

04 June 2014
on Mandeep Singh
Are you sure.. as per my knowledge these all service related to Event Management which falls under 194J..

04 June 2014 and the vendor has all the services in one bill like stage set up, Artist, models, light & sound, profesional photo graphee, av system, dancers..
so please guide


04 June 2014 and the vendor has all the services in one bill like stage set up, Artist, models, light & sound, profesional photo graphee, av system, dancers.. so please guide


04 June 2014 Gaurav, though vendor raised one bill, but all services covered u/s 194C. Since Artist is professional for vendor, not for you. And you have make contract with vendor, not with Artis/ dancers

04 June 2014 Thanks a lot for the justification..
but one CA told us that this vendor is like a Event Manager... which falls under 194 j, he is providing us the professional services..
and we took this all the service from free lances vendor for an Event Launch..
So please suggest..
whether it can be treat as a Contract or Professional services..

Thanks
Gaurav

04 June 2014 Hi Mandeep

please suggest..

Thanks


04 June 2014 Dear ALL

Urgent

Please Help...

Thanks
Gaurav

04 June 2014 Dear Gaurav,

it is the substance of the activities that matter. In you case, service provided are more in line with 194J instead of 194C.

04 June 2014 Dear Kaushik Ji

Please explain in detail with examples..
to justify for my vendor.. he wants me to deduct the TDS as per Contractor rate..
please help..

Thanks
Gaurav


04 June 2014 event management is a notified profession. please refer http://law.incometaxindia.gov.in/Directtaxlaws/act2005/cirsec194J.htm

04 June 2014 Sir

Can we take it as a contractor as vendor is requesting again and againg...

please guide if there is any possibility what if we make a contract or by bifurcate services or change the language of bill as charge towards contract service..

Thanks
Gaurav

04 June 2014 Gaurav thats the call you need to make.

04 June 2014 Gaurav, make one contract which will work as ur evidence, and on that basis deduct tax u/s 194C. But ask kaushik sir as well...........

04 June 2014 Kaushik Sir

yes sir we can get change it accordingly, but please guide which option would be best for the both (deductor & deductee).
by which we can save the vendor tax part and can obey the statutory norms too.

Please Advice sir

Thanks & Regards
Gaurav

04 June 2014 one way is to take out the material bills and reimburse them separately and for the services deduct under 194J. this should reduce the TDS impact.

short deduction (deduction under 194C instead of 194J) could result in heavy interest penalties.

06 June 2014 Same query also raised in my ofc.. Then overall conclusion reached at 194c.. Beacause performer are professtional for vendor not for yours. If they perform directly with you in his individusl capacity then they will cover u/s 194j.
Hence it should be covered u/s 194c

06 June 2014 Same query also raised in my ofc.. Then overall conclusion reached at 194c.. Beacause performer are professtional for vendor not for yours. If they perform directly with you in his individusl capacity then they will cover u/s 194j.
Hence it should be covered u/s 194c



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