Tds on salary of director

Respected Sir/Ma'am,

My question is that X Ltd. is paying a salary to its Director Mr. A. @ 10000 per month. No other sitting fees or commission is payable to the Director Mr. A. So the total salary of Mr. A for the whole year comes to Rs. 120000. X Ltd. does not deduct any tds on salary paid to Mr. A as his salary is within the exemption limit. But now with the amendment of Sec194J, any remuneration, fees or commission paid to director shall be subject to tds @ 10%. 

So whether the company should deduct tds on 120000(which is within the basic exemption limit) or not?

Replies (7)

Dear ,

Sec. 194J is for Professional Fees or Technical services. So Remuneration & Commission doesnt fall under 194J.

No require to deduct TDS.

Thx,

Prakash Sir, section 194J has been amended w.e.f 1st July 2012.

As per Sec. 194J (ba)

'any remuneration or fees or commission by whatever name called, other than those on which tax is deductible under sec. 192, to a director of a company'

As per your given information the director is a employee of a company and getting salary for that so he shall be covered under Sec 192B.

Therefore payment of salary will not be covered under sec. 194J, hence there is no need to deduct TDS.

Thank u Vikram for your answer. But as per section 192J "If tds has been deducted under section 192 than no tds will be deducted under section 194J." But in my case no tds has been deducted u/s 192, so how can u say that there is no need to deduct tds?

In your case the amount of salary paid does not exceed basic exemption limit thts why the TDS has not been deducted.

It does'nt mean that you have to deduct TDS under Sec. 194J. So whenever the salary exceeds the basic exemption limit, TDS under Sec 192B shall be applicable.

totally agree with vikram jee

Perfect answer given by Mr. Vikram Bhatia.

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