What is Section 194J in the Income Tax Act?
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It mandates TDS on specified service payments like professional or technical fees, royalties, and non-compete fees if the amount exceeds ₹50,000.
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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.
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.
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.
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:
Each of these entities must ensure timely deduction and deposit of TDS on professional or technical service fees paid during the financial year.
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.
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.
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 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.
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.
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.
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 |
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.
However, it does not include consideration for:
This distinction is important for determining when TDS under Section 194J applies.
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.
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
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.
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% |
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. |
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:
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.
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.
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.
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.
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 |
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.
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.
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.
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.
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.
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.
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 |
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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It mandates TDS on specified service payments like professional or technical fees, royalties, and non-compete fees if the amount exceeds ₹50,000.
Any person other than an individual or HUF, unless subject to audit under Section 44AB, making eligible payments to residents.
2% for technical services and call centres, 10% for professional services and royalties, and 20% if PAN is not provided.
Yes. ₹50,000 per financial year, per category of payment. No limit applies for director remuneration.
The various kinds of payments included under this section are fees for technical and professional services, royalties, the director’s sitting fees or commissions, and non-compete payments.
30% of the expense may be disallowed. You may also face interest, penalty, and prosecution for non-compliance.
Yes. New threshold, clarified categorisation, revised rates for specific services, and stricter classification effective from FY 2025–26.
It applies specifically to professional and technical service payments, unlike Sections 194C (contracts) or 194I (rent).
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