Professions covered under Sec 194J – TDS on fees for Professional, Technical Services

 

For the purpose of TDS on fees for profession and technical service under Section 194J, the relevant services are defined as under:

Professional Services:  means services rendered by a person in the course of carrying on legal, medical, engineering or architectural profession or the profession of accountancy or technical consultancy or interior decoration or advertising or any other profession notified by the Board for the purposes of section 44AA or of Sec 194J

Fees for Technical Services:  means any consideration (including any lump sum consideration) for the rendering of any managerial, technical or consultancy services (including the provision of services of technical or other personnel) but does not include consideration for any construction, assembly, mining or like project undertaken by the recipient or consideration which would be income of the recipient chargeable under the head “Salaries”. Explanation 2 to clause (vii) of sub-section (1) of Sec 9

Royalty: means consideration (including any lump sum consideration but excluding any consideration which would be the income of the recipient chargeable under the head “Capital gains”) for

 

  • the transfer of all or any rights (including the granting of a licence) in respect of a patent, invention, model, design, secret formula or process or trade mark or similar property
  • the imparting of any information concerning the working of, or the use of, a patent, invention, model, design, secret formula or process or trade mark or similar property
  • the use of any patent, invention, model, design, secret formula or process or trade mark or similar property
  • the imparting of any information concerning technical, industrial, commercial or scientific knowledge, experience or skill

Explanation 2 to clause (vi) of sub-section (1) of Sec 9

The professions notified under section 44AA are as under:

1. Authorised representative means a person who represents any other person, on payment of any fee or remuneration before any Tribunal or authority constituted or appointed by or under any law for the time being in force, but does not include an employee of the person so represented or a person carrying on legal profession or a person carrying on the profession of accountancy (No. 1620/F. No. 133(102)/76-TPL)

2. Film artist means any person engaged in his professional capacity in the production of a cinematograph film whether produced by him or by any other person, as (No. 1620/F. No. 133(102)/76-TPL)

  • an actor
  • a cameraman
  • a director, including an assistant director
  • a music director, including an assistant music director
  • an art director, including an assistant art director
  • a dance director, including an assistant dance director
  • an editor
  • a singer
  • a lyricist
  • a story writer
  • a screen-play writer
  • a dialogue writer
  • a dress designer

3. Profession of company secretary – [No. 9102/F. No. 225/51/92-IT(A-II)

4. Profession of information technology – (Notification No. 116/F. No. 23/FB/2001-TPL)

The services rendered by following persons in relation to the sports activities are considered as “Professional Services” for the purpose of Sec 194J:

  • Sports Persons,
  • Umpires and Referees,
  • Coaches and Trainers,
  • Team Physicians and Physiotherapists,
  • Event Managers,
  • Commentators,
  • Anchors and
  • Sports Columnists.

Source: http://law.incometaxindia.gov.in/DIT/Income-tax-acts.aspx

 

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For a detailed advise, you can contact info@onlineitreturn.com or visit www.onlineitreturn.com. OnlineITreturn.com is an online portal for efiling your income tax return and advise, consultancy on taxation matters including Service Tax, TDS. All taxation matters are handled by Chartered Accountants.

TDS/TCS Return Forms, Due Dates

Continuing from the previous post on TDS/TCS, this post throws light on the TDS/TCS Return forms and due dates as below:

TDS Returns Forms:

Following are the returns for TDS and TCS and their periodicity:

Form No Particulars Periodicity
Form 24 Annual return of “Salaries” under Section 206 of   Income Tax Act, 1961 Annual
Form 26 Annual return of deduction of tax under section 206 of   Income Tax Act, 1961 in respect of all payments other than   “Salaries” Annual
Form 27 Statement of deduction of tax from interest, dividend or   any other sum payable to certain persons Quarterly
Form 27E Annual return of collection of tax under section 206C of   Income Tax Act, 1961 Annual
Form 24Q Quarterly statement for tax deducted at source from   “Salaries” Quarterly
Form 26Q Quarterly statement of tax deducted at source in respect   of all payments other than “Salaries” Form 26Q
Form 27Q Quarterly statement of deduction of tax from interest,   dividend or any other sum payable to non-residents Form 27Q
Form 27EQ Quarterly statement of collection of tax at source Form 27EQ

TDS/TCS Returns – Due Dates:

The due dates for filing quarterly TDS returns, both electronic and paper are as under:

Quarter Due Date for Form Nos. 24Q   & 26Q Due Date for Form No. 27Q Due Date for Form No. 27EQ
April to June 15 July 15 July 15 July
July to September 15 October 15 October 15 October
October to December 15 January 15 January 15 January
January to March 15 May 15 May 15 May

TCS Returns – Forms

The relevant forms for filing the eTCS return are:

  • Annual – Form No. 27E, 27B (Control Chart)
  • Quarterly- Form No 27EQ, 27A.

Sources:

https://www.tin-nsdl.com/etds-etcs/faq-etdsfurnishing.php

http://www.incometaxindia.gov.in/etds_faqs.asp

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This article is brought to you by onlineITreturn.com

For a detailed advise, you can contact info@onlineitreturn.com or visit www.onlineitreturn.com. OnlineITreturn.com is an online portal for efiling your income tax return and advise, consultancy on taxation matters including Service Tax, TDS. All taxation matters are handled by Chartered Accountants.