TDS U/S 194J FOR TECHNICAL SERVICE (FY 2020-21)

[MAHESH M]

Is there any provision in income tax whereby we could get a certificate from the assessing officer or from TDS department that TDS is to be deducted @ 2% U/s 194J if we give our reasons/explanation that the services rendered by us fall under Technical services for purpose of TDS U/s 194J?

The assessee does maintenance works of mobile/cell towers and falls under Technical service. (called as IME SERVICES) The deductor is insisting for a certificate from IT dept that TDS can be deducted @2% for the payments made to client treating as technical services. If not given they will deduct TDs @ 10%. We wrote a letter to the deductor explaining how the services rendered by us will fall under Technical service and not professional service as per Section 194j and attract 2% TDS, but the deductor is still asking for a certificate from Dept in this regard.

In the earlier years, when the TDS RATE U/S 194j is 10% with out distinction between technical or professional services, we used to apply for lower deduction in Form 13 and get a certificate for TDS @5/6% instead of 10%. Eventhough there is an amendment regarding tds @ 2% for technical services, the deductor is saying it still as 10%. We cannot go for a lower deduction application this year because if tds is deducted @ 2%, there will be tax payable by the assessee. If tds is deducted @ 10%/ 7.5% reduced rate, there will be a huge refund and case is getting selected for scrutiny.

I didn't find any section in income tax for applying to dept regarding this. Can anyone throw some light on any provisions in this regard or any other options available to deductee to get a certificate from dept that TDS HAS TO BE DEDUCTED @ 2% ON TECHNICAL SERVICES PROVIDED BY THE DEDUCTE

AI Summary

TDS on technical services: deductible at prescribed reduced rate for fees; timing, threshold, and PAN rules apply.
Section 194J requires deduction of tax at source by specified payors on payments for notified services, including fees for professional and technical services, royalty and director remuneration. Deduction must occur at the earlier of credit or payment. The statute differentiates professional services from fees for technical services (managerial, consultancy or technical service consideration, including supply of personnel) and prescribes differing withholding consequences, a threshold exemption for aggregate payments below the specified limit, and higher withholding consequences where PAN is not furnished.