mukundasy (manager) (97 Points)
10 June 2009Dear All,
We are tied up with Tata Communications Limited on a contract basis every year for the internet services. Please let me know the rate of TDS which has to be deducted before making the payments to them. Should I apply sec. 194C or 194J. Please let me know along with necessary circulars/ notifications.
With Regards,
Mukunda
PRAVEEN KUMAR
(MBA (Finance) B.Com.(P))
(3443 Points)
Replied 10 June 2009
since it is a contarct 194C is applicable.
hari2009
(Executive)
(224 Points)
Replied 10 June 2009
rate of Deduction is 10% with 3% Eucation cess
Radheyshyam Falod
(CA)
(416 Points)
Replied 10 June 2009
Ideally TDS should be deducted u/s 194J as they are providing technical service. However there is a judgement where it has been that TDS is not liable to be deducted on internet payments.
Kshitij Saxena
(CA Final)
(256 Points)
Replied 10 June 2009
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.).
Other payments outside the purview of TDS are
(a) Statutory payments -- fees, cess, taxes,
(b) Clearing house charges, stock exchange charges, demat charges,
(c) Subscripttion to databases.
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