On the amount including serivce tax
T.V.VENKATARAMAN
(LAWYER & TAX CONSULTANT)
(36 Points)
Replied 01 November 2011
Professional Services U/s194J:
Mr.Rahul,
If your (Income)accounts are not audited U/s 44ABduring the financial year imnmediately preceding the financial year in which such sum is credited or paid and the payment is by an Individual or HUF then TDS is not deductible for any Professional Service Charges paid or any sum referred to in Sec 28 (va). Even if your accounts are audited U/s.44AB provisions of Sec 194J will not apply where the payments of fees for professional services is for personal purposes of such individual or any member of HUF. Please refer to the Section 194J in the bare act and its provisos or in the I.T. ready reckoner of V.G.MEHTHA for Asst.Year 2011-12, p 346 & 347(last para).
LIVE Form 10 B and Form 10BB: Handle Tax Audit Reports of Charitable Organizations(with recording)
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