Mr. Ganesh whose Professional Receipts for the year ended 31.03.2023 were - 1.25 crores has made payment to Mr. Rajesh (a Chartered Accountant)…

CA Intermediate · Taxation · PYQS · January 2025
Mr. Ganesh whose Professional Receipts for the year ended 31.03.2023 were - 1.25 crores has made payment to Mr. Rajesh (a Chartered Accountant) during P.Y. 2023-24 who has multi faced activities. Examine whether TDS Provisions re applicable for following payments made by Mr. Ganesh to CA Rajesh : (i) Professional Fee for consultation -32,450 on 15.06.2023 including GST paid @18%. (ii) Royalty Payment for Use of Computer Software by various clients of Mr. Rajesh -2,50,000 on 03.03.2024. (iii) Fee for Technical services related to Business of Mr. Ganesh -20,000 on 15.12.2023. (iv) Fees for teaching accountancy to his Son -40,000 on 31.10.2023.

Suggested Answer and Working Notes:

(i) Professional Fees for consultation As per section 194J, tax is required to be deducted at source @10% on fees for professional services, if the amount paid exceeds - 30,000. In the present case, since the amount of professional fees of 27,500 (₹ 32,450 x 100/118) excluding GST is not exceeding - 30,000, no tax is required to be deducted at source on such payment by Mr. Ganesh. (ii) Royalty payment for use of computer software No tax is deductible at source by Individuals and HUFs on royalty payment. Hence this payment is not liable for TDS under section 194J. (iii) Fee for technical services related to business of Mr. Ganesh As per section 194J, tax is required to be deducted at source 2% on fees for technical services, if the amount paid exceeds - 30,000. Since in the present case, the amount of fees for technical services of 20,000 is not exceeding - 30,000, no tax is required to be deducted at source on such payment by Mr. Ganesh. (iv) Fees for teaching accountancy to his son No tax is required to be deducted at source u/s 194J in respect of fees for teaching, since it does not fall within the scope of professional services. Moreover, TDS also not required to be deducted at source since such fees is paid by Mr. Ganesh for his personal purposes.

Topics: Paper 3A: Income Tax Laws

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