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Section 194J of the Income Tax Act

Section 194J of the Income Tax Act covers TDS (Tax Deducted at Source) on payments made for professional or technical services. It mandates a deduction of 2%, 10%, or 20%, depending on the nature of the service, if the total payment in a financial year exceeds ₹30,000. However, if the payee doesn’t furnish their PAN, the applicable TDS rate increases to 20%.

If the deductor fails to deduct or deposit the TDS, the related expense cannot be claimed as a deduction when calculating taxable income. Moreover, interest is levied for delays in deduction or deposit.

In the following sections, we will explore the key rules under Section 194J, including when it applies, applicable TDS rates, latest updates, and consequences of non-compliance.

Section 194J in the Income Tax Act deals with the deduction of tax at source (TDS) on payments which are made to residents for availing professional or technical services, royalty, and non-compete fees. As of FY 2025–26 (AY 2026–27), TDS must be deducted when such payments exceed ₹50,000 in a financial year per category. This limit was at ₹30,000 until FY 2024-25.

This provision applies to companies, firms, LLPs, cooperative societies, trusts, and government bodies. These entities have to deduct TDS at the applicable rates before paying the fees for the professional services used. Individuals and HUFs are required to make TDS deductions under section 194J only if they are liable to audit under Section 44AB of the Income Tax Act.

If you’re wondering what is section 194J in income tax, it’s the clause that mandates deductors to withhold a specified percentage of tax before releasing payments for certain services, thereby ensuring compliance and transparency in tax collection.

What is Section 194J under the Income Tax Act?


The Income Tax Act's Section 194J requires tax deduction at source (TDS) on payments for royalties, technical services, professional services, and some non-compete agreements. When a payment exceeds ₹30,000 during a fiscal year, this section comes into play.

When is TDS Under Section 194J Not Required?

 

Section 194J TDS need not be deducted when the total amount paid for professional or technical services to a resident does not exceed ₹30,000 in a financial year. Similarly, TDS is not required to be deducted from payments made by individuals or Hindu Undivided Families whose business or professional turnover falls below the audit threshold set forth in Section 44AB. Payments made to government departments, local authorities, statutory corporations, or bodies established by statute also fall outside this requirement. In addition, reimbursements of expenses incurred on behalf of another party, where no element of profit or remuneration exists, are not subject to TDS under Section 194J, provided they are properly documented and linked to actual disbursements.

Who is required to deduct TDS u/s 194J?

Under Section 194J, any person, other than an individual or Hindu Undivided Family (HUF) not liable for audit under Section 44AB, who makes payments for professional or technical services to a resident must deduct TDS. In addition, individuals and HUFs whose business or professional gross receipts exceed the audit threshold specified in Section 44AB during the preceding financial year are also obligated to deduct TDS under this provision. The term “person” in this context covers a wide range of entities, including:

  1. Central or State Government bodies
  2. Local authorities such as municipalities or panchayats
  3. Statutory corporations and government agencies
  4. Public or private companies
  5. Cooperative societies registered under any State Act
  6. Trusts, whether charitable or private
  7. Universities and educational institutions
  8. Registered societies and associations
  9. Partnership firms
  10. Individuals, HUFs, Associations of Persons (AOP), and Bodies of Individuals (BOI) that meet the audit requirements under Section 44AB

Each of these entities must ensure timely deduction and deposit of TDS on professional or technical service fees paid during the financial year.

Applicability of Section 194J

TDS under Section 194J becomes applicable when the total amount paid or credited to a resident exceeds ₹50,000 for any of the following categories:

  • Fees for professional services

  • Fees for technical services

  • Royalty payments

  • Non-compete fees

  • Remuneration or commission to directors (not covered under salary)

Eligible deductors include entities such as companies, partnership firms, cooperative societies, local authorities, and associations of persons. HUFs and individuals not under audit are exempt, but once the business turnover exceeds ₹1 crore or professional receipts cross ₹50 lakh, they must deduct TDS.

Types of Payments Covered Under Section 194J

Professional Services

This refers to services offered by individuals such as doctors, lawyers, engineers, architects, interior designers, accountants, and consultants. It also covers professionals notified under Section 44AA, like authors, film artists, company secretaries, and media professionals, including journalists and news anchors. Payments made for these services attract TDS under Section 194J if the value crosses the prescribed limit.

Technical Services

These services include consultancy, managerial input, or any form of technical expertise provided to a business. Examples may include IT consulting, software programming, application development, and support-related services. The scope is broad and applies to fields where specialised technical knowledge is applied in exchange for a fee.

Royalty

Royalty covers payments made for the use of intellectual property such as copyrights, trademarks, patents, and licenses. It also includes payments made for sharing or transferring technical or commercial knowledge, formulas, or processes. These transactions are covered under Section 194J if the amount surpasses the threshold.

Non-Compete Fees

These are payments made under an agreement to prevent a party from entering into competition or sharing proprietary information. The amount paid to restrict business competition or knowledge-sharing is subject to TDS under Section 194J, depending on the nature and terms of the agreement.

Director’s Remuneration

Non-salary payments to company directors, such as sitting fees, commission, or professional charges, fall under the purview of Section 194J. These are not treated as salary income and are therefore liable for TDS deduction if they meet the applicable criteria.

TDS Rates and Threshold Limits (FY 2025–26)

The TDS rates under Section 194J are outlined below: 

Nature of Payment

TDS Rate

Threshold Limit

Fees for Technical Services, Call Centres

2%

₹50,000

Royalty (Film-related)

2%

₹50,000

Professional Services, Other Royalties

10%

₹50,000

Director’s Remuneration

10%

Nil

If PAN is not provided

20%

₹50,000

What is the meaning of professional services & technical services?

Under Section 194J of the Income Tax Act, the meaning of professional and technical services is clearly defined for the purpose of tax deduction. Professional services typically involve work carried out by individuals with specialised qualifications or expertise in specific fields. On the other hand, technical services refer to managerial, consultancy, or support services involving specific technical knowledge or experience.

Professional Services under Section 194J include:

  • Legal Services
  • Medical Services
  • Engineering Services
  • Architectural Services
  • Accountancy or Technical Consultancy Services
  • Interior Decoration Services
  • Advertising Services
  • Notified Professions (including those related to sports like umpires, coaches, commentators, physiotherapists, and similar professionals)

Technical Services under Section 194J include:

  • Managerial services
  • Technical services
  • Consultancy services (including any service where technical or professional knowledge is shared)

However, it does not include consideration for:

  • Construction
  • Assembly
  • Mining
  • Projects taxed as salary under the head “Salaries”

This distinction is important for determining when TDS under Section 194J applies.

Time of Deduction and Deposit

For non-government deductors, TDS under Section 194J must be deposited within 7 days from the end of the month in which the deduction is made. However, for deductions made in the month of March, the due date is extended to April 30. Government deductors follow the same timelines. In case this payment is made and credited on the same day in March, the TDS must be deposited by April 7. Adhering to these timelines is crucial to avoid interest or penalties for late deposits.

Consequences of Non-Compliance

If you fail to comply with provisions under Section 194J, you may have to face the following consequences: 

  • Disallowance of expense: 30% of the expense may be disallowed under Section 40(a)(ia) if TDS is not deducted or deposited on time.

  • Interest:

  • 1% per month for non-deduction

  • 1.5% per month for late payment after deduction

  • Penalty:

  • Equal to the TDS amount under Section 271C

  • Additional penalties under Section 221 for delayed payment

  • Prosecution:

  • Imprisonment from 3 months up to 7 years for wilful default in depositing TDS

TDS Exemption Limit Under Section 194J

Tax deduction under Section 194J applies when the total payment made to a resident surpasses ₹30,000 in a financial year for each category of service. This threshold is not cumulative for all services but is applied individually for each nature of service, such as professional fees, technical service charges, royalty payments, or non-compete fees.

Let’s understand this with an example:

ABC Ltd made the following payments to Ms. R:

Particulars

Amount

Payment made for professional services

₹18,000

Payment made for the royalty

₹14,000

Total payment to Ms. R

₹32,000

 

In this case, ABC Ltd is not liable to deduct TDS under Section 194J because both payments are for different categories and each is below the ₹30,000 threshold. Even though the total payment is over ₹30,000, TDS does not apply unless an individual category crosses the prescribed limit.

What is the rate & time limit for deposit of TDS?

To avoid fines, it's critical to make sure that TDS is deposited on time. The seventh of the month after the deduction is made is typically the deadline for depositing TDS. The deadline for March deductions has been extended to April 30.

194J TDS Rate Table:

Nature of Payment

194J TDS Rate

Fee payments for technical services

2%

Fee payments made to call centers

2%

Royalty paid for the sale, distribution, or screening of a film

2%

Other payments (e.g., professional services, non-compete fees)

10%

If the payee fails to provide a PAN

20%

Time Limit for Deposit of TDS

The time period for depositing TDS under Section 194J relies on the type of deductor, whether government or non-government, and the month in which the payment is made. In most cases, the deducted TDS must be deposited by the 7th of the following month. However, for payments made in March, there is an extended deadline to accommodate the closing of the financial year.

Payment Type

Non-Government Deductors

Government Deductors

Payment made before 1st March

7th day from the end of the month

7th day from the end of the month

Payment made in March

April 30

Tax payment is made on the date of payment; the challan is to be deposited by 7th April.

When is Section 194J under the Income Tax Act not applicable?

  • Personal Payments by Individuals/HUFs: If an individual or a Hindu Undivided Family makes a payment purely for personal or domestic purposes, Section 194J does not apply.
  • Payments to Non-Residents for Contract/Sub-Contract Work: Remittances to non-resident contractors or sub-contractors for fees relating to “professional or technical services” are covered by other provisions (not Section 194J).
  • Aggregate Payment Does Not Exceed ₹30,000 in a Financial Year: When the total of all professional/technical service fees paid by a deductor during the entire financial year is ₹30,000 or less, no TDS under Section 194J is required.
  • Royalty & Non-Compete Fees Paid by Individual/HUF: Even if royalty or non-compete fees exceed the ₹30,000 threshold, individuals and HUFs are exempted from deducting TDS on these payments under Section 194J.

Some Special Considerations by CBDT (Government) Circular on 194J Applicability

In order to clarify any confusion encompassing the relevance of Section 194J, the Central Board of Direct Taxes, or CBDT, has released clarifications over time. These special considerations help deductors correctly apply TDS rules for specific payment types and industries. Below are key scenarios highlighted by CBDT:

Routine Maintenance Contracts

As per CBDT, any payment for routine maintenance services, including the supply of spare parts, is liable to TDS under Section 194C. However, if such contracts involve technical services like diagnostics, system configuration, or software maintenance, then Section 194J will apply. Deductors must differentiate between purely mechanical work and technical services to apply the correct TDS section.

Recruitment Agencies

When businesses make payments to recruitment agencies for sourcing candidates, these fall under professional services. Therefore, TDS under Section 194J becomes applicable. This is because such agencies are rendering services requiring specific skills and knowledge, which classifies them under professional services defined in the Income Tax Act.

TDS Deduction on GST Amount

The CBDT has clarified that TDS under Section 194J should be calculated excluding GST, but only if GST is shown separately on the invoice. If the GST component is merged or not itemised, then TDS must be deducted on the total billed amount. Deductors must carefully check how the GST is presented before making deductions.

Media House

Payments made by a media company to an advertising agency as commission or service fees are subject to TDS under Section 194J. The nature of these payments involves professional expertise in media planning and strategy. Thus, even intermediaries in media-buying transactions are covered under this TDS provision.

When is the TDS Statement Issued and by Whom u/s 194J?

The TDS statement, in the form of Form 16A, must be issued by the deductor—i.e., the person or entity making the payment and responsible for deducting TDS under Section 194J. This certificate is provided to the deductee, whose income is subject to TDS. It serves as proof of tax deducted and deposited with the government. The issuance of Form 16A must adhere to specific quarterly deadlines as shown below:

Particulars

Due Date

April – June

15th August

July – September

15th November

October – December

15th February

January – March

15th June

Consequences of Non-Deduction or Late Deduction of TDS

If a person liable to deduct TDS under Section 194J fails to do so or deducts it late, they may be held accountable by tax authorities. In such cases, not only is interest charged, but there can also be penalties and prosecution depending on the severity and duration of the default.

Disallowance of Expenditure

As per Section 40(a)(ia) of the Income Tax Act, if TDS is not deducted on a payment liable for tax deduction at source, 30% of such expenditure may be disallowed while computing taxable income. This applies even if the expense is genuine. It remains disallowed until the TDS is deducted and deposited, impacting the deductor’s tax liability for that financial year.

Levy of Interest

When TDS is not deducted on time or deducted but not deposited with the government within the prescribed due dates, interest becomes payable. Interest is levied at 1% per month for delay in deduction and 1.5% per month for delay in deposit, calculated from the due date till the actual date of deduction or payment. This amount must be paid before filing TDS returns.

Levy of Penalty

In addition to interest, a penalty may be imposed under Section 271C of the Income Tax Act if a deductor fails to deduct TDS without a valid reason. The penalty amount can be equal to the amount of TDS not deducted. The penalty is imposed only after giving the deductor a chance to explain the reason for default and is subject to discretion by tax authorities.

Prosecution

The deductor may be prosecuted under Section 276B in severe circumstances where TDS is either not deducted at all or deducted but not paid to the government. This can lead to a fine and a maximum sentence of seven years in prison. However, this is usually not applied to small or infrequent errors, but rather to deliberate or persistent defaulters.

Examples of TDS on Professional Fees and Technical Services

  • Consultancy Fees: Payments made to consultants, strategy advisors, management professionals, or industry experts are subject to TDS under Section 194J.
  • Legal Fees: Payments to lawyers, legal advisors, or law firms for opinions, documentation, or representation attract TDS.
  • Medical Services: Payments to doctors, specialists, or medical practitioners for professional services are covered under this section.
  • Technical Services: Includes payments for IT support, software maintenance, system design, or technical troubleshooting.
  • Professional Contracts: Engagements involving architects, engineers, chartered accountants, and interior designers fall under the scope of 194J.
  • Commission Payments: If commissions are paid to agents, brokers, or intermediaries for bringing in business or facilitating deals, TDS may be applicable.
  • Honorarium or Guest Fees: Payments made to guest speakers, trainers, or panelists for events or seminars can attract TDS under professional services.

Recent Amendments to Section 194J

Recent updates to Section 194J have introduced clearer rates and conditions for TDS deduction. TDS on payments for technical services and call centre operations has been set at 2%, while professional services continue to attract a 10% rate. The maximum limit has been increased to ₹50,000 per financial year from the earlier limit of ₹30,000. Furthermore, it has been clarified that payments for professional services are not to be treated as contract work under Section 194C, with this clarification effective from October 1, 2024. Individuals and HUFs are now required to undertake TDS deduction under this section only if they fall under mandatory tax audit provisions. These amendments aim to streamline compliance and eliminate confusion between similar TDS sections.

Comparison Between Section 194J and Other TDS Sections

Now that you know what is Section 194J in income tax, let’s understand how it is different from other TDS sections. The differences between Section 194J and a few other sections are listed in the table below:

Section

Nature of Payment

TDS Rate

Applicability

194C

Work contracts

1% / 2%

On payments for labour, material, contract work

194H

Commission or brokerage

5%

On payments for services like brokerage

194I

Rent on land/buildings/equipment

2% / 10%

On payments exceeding ₹2.4 lakh/year

194J

Professional/technical/royalty fees

2% / 10% / 20%

Applies to service-based payments

Conclusion

Section 194J is a critical TDS provision for professionals, service providers, and businesses. If you are making qualifying payments over ₹50,000, ensure you deduct and deposit TDS correctly to stay compliant.

Understanding Section 194JA and 194JB, applying the right TDS rates, and avoiding misclassification can save you from penalties and ensure smooth tax processes.

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