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TDS u/s. 194C

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Payment is made to a film studio for advertisement shooting. Please clarify if TDS to be deducted at 1% u/s. 194c or at 10% u/s. 194J

TDS classification for film studio services: characterization as contract work or professional service determines withholding rate. Whether payment to a film studio for advertisement shooting falls under section 194C as contract remuneration or under section 194J as professional services depends on contractual characterisation; if the studio undertakes the entire work including arranging models and ancillary requirements, it should be treated as a contract payment, and the agreement must be scrutinised to determine the correct withholding treatment. (AI Summary)
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CAGOPALJI AGRAWAL on Mar 12, 2011

Reply can not be given unless the full terms of the agreement is gone through.

CASeetharaman KC on Mar 17, 2011

Please check whether the work has been given as a contract for all the work including arrangement of models and other things required for the advertisement shoot . If this is so then the rate should be 1%. The contact if any needs to be scrutinised in any case

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