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TDS on Subscription of online access of Database

CA Aspirant (CA) (1459 Points)

19 December 2024

Company is paying 1,09,000 for Subscripttion for online access of Database and is deducting TDS under section 194O @ 1%, in my opinion should deduct under section 194C both reasons are there first the 5 lakh limit of 194O and it is like contract for annual usage, am I write??

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Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (183759 Points)
Replied 20 December 2024

Is your company selling goods on e-commerce platform?

An E-commerce operator is a person who owns, operates, or manages a digital/electronic facility for the sale of goods and services. He is responsible for making payments to the e-Commerce participant on such sales.

An E-commerce participant is a person who sells goods, services, or both through an electronic facility provided by an E-commerce operator.

According to Section 194O, an E-Commerce operator is required to deduct TDS for facilitating any sale of goods or providing services through an E-Commerce participant.

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CA Aspirant (CA) (1459 Points)
Replied 20 December 2024

No, company is operating medical college in which they had deducted TDS under section 194O on the payment for Annual subscripttion of Online access to database of Rs 104000 which should be under section 194C in my opinion.

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