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Section 9 (1)(vi) and section 194j

Tax queries 694 views 1 replies

Rinky Gupta

117 Points Joined August 2013

The provisions of section 9(1)(vi) [explanation vi] has been amended vide Finance Act, 20123 with retrospective effect from 1-6-1976. Now, it includes internet services within its ambit.

My question is just because the aforesaid section has been amended retrospectively, the parralel section, i.e. section 194J for TDS would also be amended retrospectively is correct ?

please refer any case laws also.

Replies (1)

As per explanation to Section 194J the term "royalty" shall have the same meaning as in Explanation 2 to clause (vi) of sub-section (1) of section 9. That means retrospective amendment in section 9(1)(vi) would be applicable to "royalty" for the purposes of the section 194J also.

There is no requirement of any case law as it is clear in plain reading.