30 June 2010
IF A INDIVIDUAL (PROP. FIRM) HAD PAID COMMISSION IN FINANCIAL YEAR 2009-10 RS. 120000/- AS SALES COMMISSION. WEATHER HE IS LIABLE TO DEDUCT TDS UNDER SECTION 194H. HE IS LIABLE TO TAX AUDIT UNDER SECTION 44AB FROM THIS 2009-10 FINANCIAL YEAR ONLY.
BEFORE THIS YEAR HE NEVER EVER TO LIABLE FOR TAX AUDIT.
30 June 2010
For the purpose of 194H, turnover of the immediately preceeding financial year is considered to decide whether an indivisual is liable to deduct tax. Turnover of the current year is not relevant.
However, if he has taken TAN number and deducted TDS, he need to file return and issue certificate.
30 June 2010
AGREED WITH NAIK. PLEASE FIND THE BELOW TEXT OF SECTION 194H. Commission or brokerage.
194H. Any person, not being an individual or a Hindu undivided family, who is responsible for paying, on or after the 1st day of June, 2001, to a resident, any income by way of commission (not being insurance commission referred to in section 194D) or brokerage, shall, at the time of credit of such income to the account of the payee or at the time of payment of such income in cash or by the issue of a cheque or draft or by any other mode, whichever is earlier, deduct income-tax thereon at the rate of 2[ten] per cent :
Provided that no deduction shall be made under this section in a case where the amount of such income or, as the case may be, the aggregate of the amounts of such income credited or paid or likely to be credited or paid during the financial year to the account of, or to, the payee, does not exceed 5[five thousand rupees]:
3[Provided further that an individual or a Hindu undivided family, whose total sales, gross receipts or turnover from the business or profession carried on by him exceed the monetary limits specified under clause (a) or clause (b) of section 44AB during the financial year immediately preceding the financial year in which such commission or brokerage is credited or paid, shall be liable to deduct income-tax under this section:]
4[Provided also that no deduction shall be made under this section on any commission or brokerage payable by Bharat Sanchar Nigam Limited or Mahanagar Telephone Nigam Limited to their public call office franchisees.]
Explanation.—For the purposes of this section,—
(i) "commission or brokerage" includes any payment received or receivable, directly or indirectly, by a person acting on behalf of another person for services rendered (not being professional services) or for any services in the course of buying or selling of goods or in relation to any transaction relating to any asset, valuable article or thing, not being securities;
(ii) the expression "professional services" means services rendered by a person in the course of carrying on a legal, medical, engineering or architectural profession or the profession of accountancy or technical consultancy or interior decoration or such other profession as is notified by the Board for the purposes of section 44AA;
(iii) the expression "securities" shall have the meaning assigned to it in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956);
(iv) where any income is credited to any account, whether called "Suspense account" or by any other name, in the books of account of the person liable to pay such income, such crediting shall be deemed to be credit of such income to the account of the payee and the provisions of this section shall apply accordingly.]
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