Dear Mr. HARIHARAN,
When you deal wih TDS, you should take the decision with caution. Please note, some one has written to you that it is u/s. 194C and the another freind has written that it is u/s. 194J.
To be safe from litigation at later stage, you deduct TDS u/s194J. Suppose, if you deduct the TDS U/S. 194C & assuming that, at later years, department proves that it should be u/s. 194J, your expenses will be dissallowed under section 40(a)(ia) for the short payment of TDS u/s.194J for that year, which will be a big financial loss.
Further, if you deduct at higer side (in case of doubt/confusion only) (i.e. 5%+ s.c.+cess instead of 2%+s.c.+cess), neither you nor deductee will loose any thing.
Hence, I request you and all to deduct the TDS at higher rate,specially in case of doubt & confusion, to avoid litigation and dissallowance.
Thanks & Regards
MANJUNATH