CPC not accepting TDS u/s 194J for my returns filed under 44ADA

Hi,

- 44ADA is available for specified professions. You are not covered u/s 44ADA. 

- You are covered u/s 44AD. Please ask your customers to deduct TDS u/s 194C.

- File the rectification again u/s 44AD.

Thanks

Hi,

- You need not to rectify the TDS deducted u/s 194J. You have received intimation u/s 143(1) which disallows the TDS credit availed by you. You can not file the revised return for the A.Y. 2016-17 because of lapse of time for revision. The only option left with you is to file the rectification against the order of CPC-AO or file grievance for it but best and speedy option is to file rectification.

- AO is correct in his claim. Uploading all the documents to justify business will not work. Please read section 44ADA and 44AD carefully. 

Thanks

Hi,

- As it is related to A.Y. 2017-18, you can file the revised return till 31.03.2019.

- File revise return u/s 44AD.

Dear Sir,

Ideally your nature of staffing service fall under contractual income and it shall be subject to TDS u/s 194C.

Also you can not avail benefit of Section 44ADA since it is only for profesional and providing manpower services is not decalred profession under income tax it only includes profession acquired by professional degree or years of experience.

Hence you should file return under section 44AD and claim benefit of TDS.

Hi,

Hope you are doing well !!

As your services are not covered under the definition of eligible services as per section 44ADA.

The below-mentioned professions can avail benefits of Presumptive Taxation Scheme under Section 44ADA:

• Engineering
• Legal
• Architectural profession
• Accountant
• Medical
• Technical consultant
• Interior business

Now, you can file revised return u/s 44AD .

From what I understand is that you are a contractor providing service of making manpower available on contract basis. So your client should have deducted TDS u/s 194C @1%, since you are also saying you are doing a business.

I don't know if there is a problem in framing the question but you are saying you are doing a business and not profession then why have you filed return u/s 44ADA as that is for the professional and if you have filed return u/s 44ADA and TDS is under 194J then why is AO having a problem as you have shown consultancy services which is professional services and TDS is also under 194J then where is the problem.

I think there is some other issue with AO please clarify the same.

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you

Sorry sir I can't reply the question mentioned in feedback either opt for phone consultation or you can consult me over email.

Dear Sir,

You just need to approach to AO and explain the framework. 

Also, you need to understand through personal visit that what is the reason of not accepting the same.

Service which you are providing is not professional service but that of contractual in nature. Thus your TDS should have been deducted like wise u/s 194C @ 1/2% as applicable.

Dear,

If the agreement is in the nature of sub-contracting than TDS needs to be deducted under section 194C.

Hi

As your nature of business is contractual,so TDS to be deducted under sec 194C ,not 194J.

You have to file rectification request for the same.

Hope it helps