Whether to deduct tds on professional fees under sec 194j

TDS 5197 views 17 replies

Whether to deduct TDS on professional fees paid under Sec 194J under the following case

Say in the whole financial year ,1st payment made was of Rs35000 on which TDS @ 10% is deducted as it cross the Threshold limit of single payment but 2nd payment which was made was of Rs 10000.The question here arises that whether to deduct TDS @ 10% on Rs 10000 as the single payment is not exceeding Threshold limit of Rs 30000 and in the whole FY the aggregate payment made is amounting to Rs 45000, not exceeding the threshold limit of aggregate payment of Rs 75000.State answer  for the same????

Replies (17)

U/s 194J the limit for deducting TDS is RS 30000/-. So you should deduct TDS on entrire RS 45000/-

the limit of rs. 30000 is to be seen person (payee) wise to whom payment is being made...so if it crossed rs.30000 (rs.45000 ) in ur case....tds is required to be deducted on whole amount..
There is no limit of Rs 75000 u/s 194J.. its u/s 194C..

TDS u/s 194J should be deducted on payment of Rs.10,000 as limit of Rs.30,000 is for the whole financial year.i.e payment made to person for professional services during the year exceed Rs.30,000 TDS should be deducted on such payments

Rs.75000/- limit is u/s.194C but not u/s.194J. Section 194J specifies the limit of Rs.30000/- p.a. So, TDS should deducted on Rs.35000/-
There is no such limit of Rs 75000 in 194J, it only contains a limit of Rs 30000 p.a. during whole financial year. Thus TDS needs to be deducted on whole of 45000. While the limit of Rs 75000 is in 194J.
u/s 194 j limit is payment to professional fees 30000 or more tds liability @ 10%. if first payment above 30000 than tds should deducted on entire payment. 1) payment amount 35000/- Tds @ 10%. tds amount 3500/-.
Tds should be deducted on whole amount of rs.45000 bcaz it exceed rs.30000..thereis no limit of rs.75000 in 194J.
What if it was a case us 194C
If tds is not deducted then what are the consequences

@ robin

then limit would b 75,000 instead of 30,000 

If tds is not deducted then what are the consequences

If a person is liable to deduct tax and does not deduct tax:

1. Section 271C inter alia lays down that if  any person  fails  to  deduct whole or any part of tax at source or fails to pay the whole or part of tax under second proviso to section 194B, he  shall  be  liable to pay, by way of  penalty, a sum equal to the amount  of tax  not  deducted or paid by him. 

2. If a person fails to deduct the whole or any part of the tax at source, he shall be  liable  to action in accordance with the provisions of section 201 and shall be deemed to be an assessee-in-default in respect of such tax and liable for  penal action u/s 221 of the Act. Further Section 201(1A)  lays down that such person  shall  be liable to pay simple interest at 1% for every month or part of the month on the amount of such tax from the date on  which such tax was deductible to the date  on which such tax is deducted; and

3) The expenditure on which TDS was deductible will not be allowed in computing tax payable.

 

hi,

i have received 75000 as professional fees for FY2012-13, FY2013-14 & FY2014-15 (i.e. 25k for each year). the payments were made to me in FY2015-16. i have protested against deduction of 10%TDS since the individual fees for a year does not exceed 30k and i was paid fees in arrears.

please guide as to what the rules say.

thanks.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register