Tds on telephonic bill

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

24 February 2015 Dear Experts,

if any company pay the telephone bill, broadband bill to telephonic company, then will it be covered under royalty? and then accordingly sec 194J will apply?

and what about meaning of leasedline in sense of telephone and broadband bill?

thanks

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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24 February 2015 TDS is not deductible on services using technology -- telephone charges, Internet charges, cable TV, leased lines. Payments for use of standard facilities by the public at large in which some form of technical service is inherent are not covered under section 194J. It has also been held in the case of Skycell Communications Ltd. v. Deputy CIT[2001] 251 ITR 53 (Mad.).

Rupesh Jain

Rupesh Jain (Expert)
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25 February 2015 tds not applicable on telephone, mobile, internet services.

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Querist : Anonymous

Querist : Anonymous (Querist)

25 February 2015 Thanks to all,

But many person are saying that royalty word includes these type of payment as per amendment Finance Act 2012.

please see below link.
https://www.caclubindia.com/forum/tds-on-payment-to-internet-broadband-payment--316351.asp#.VO1Zo5zWLF0

and pls give advice.