apllicability of 194 J of Incometax, Income Tax

[sid chakravarthy]

sir,

We have recruited 2 legal advisors on outsourcing through third party contractors @ Rs 15000.00 per month per person.

i have deducted TDS @10% under Section 194 J of Income Tax Act, 1961

But they are arguing that they do not have much income and as such they do not come under the Income Tax perview.

They said ,they will give a declaration to the effect that they dont have taxable income and hence request to exempt from recovering TDS under Section 194 J.

Can i exempt them from recovering TDS by taking a declaration from them .

Kindly suggest rule position.

Chakravarthy S.N.

Posts / Replies

[DEVEN MASTER]

No you can not do on the basis of their declaration. It is your liability to deduct tax and claim expenditure. If they apply to IT Dept and they will issue certificate then you follow the particulars cerificate issued by the department, and at the time of filling TDS Return should mentine for non dedcution or lower deduction reason in the form.