India - Income Tax Act 2010 - Saarc

1.759 CH. XVII - COLLECTION AND RECOVERY - DEDUCTION AT SOURCE S. 194JProvided that no deduction shall be made under this section—(A) from any sums as aforesaid credited or paid before the 1st day of July,1995; or(B) where the amount of such sum or, as the case may be, the aggregateof the amounts of such sums credited or paid or likely to be creditedor paid during the financial year by the aforesaid person to theaccount of, or to, the payee, does not exceed—(i) 82 [thirty thousand rupees], in the case of fees for professionalservices referred to in clause (a), or(ii) 82 [thirty thousand rupees], in the case of fees for technical servicesreferred to in 82a [clause (b), or]83[(iii) 82 [thirty thousand rupees], in the case of royalty referred to inclause (c), or(iv) 82 [thirty thousand rupees], in the case of sum referred to inclause (d) :]84[Provided further that an individual or a Hindu undivided family, whose totalsales, gross receipts or turnover from the business or profession carried on byhim exceed the monetary limits specified under clause (a) or clause (b) of section44AB during the financial year immediately preceding the financial year inwhich such sum by way of fees for professional services or technical services iscredited or paid, shall be liable to deduct income-tax under this section :]85[Provided also that no individual or a Hindu undivided family referred to in thesecond proviso shall be liable to deduct income-tax on the sum by way of fees forprofessional services in case such sum is credited or paid exclusively for personalpurposes of such individual or any member of Hindu undivided family.](2) 86 [***](3) 86 [***]Explanation.—For the purposes of this section,—(a) “professional services” means services rendered by a person in thecourse of carrying on legal, medical, engineering or architecturalprofession or the profession of accountancy or technical consultancy82. Substituted for “twenty thousand rupees” by the Finance Act, 2010, w.e.f. 1-7-2010.82a. Substituted for “clause (b) :” by the Taxation Laws (Amendment) Act, 2006, w.e.f.13-7-2006.83. Inserted, ibid.84. Inserted by the Finance Act, 2002, w.e.f. 1-6-2002.85. Inserted by the Finance Act, 2003, w.e.f. 1-6-2003.86. Omitted, ibid. Prior to their omission, sub-sections (2) and (3) read as under :“(2) Where the Assessing Officer is satisfied that the total income of any person in receiptof the sum referred to in sub-section (1) justifies the deduction of income-tax at any lowerrate or no deduction of income-tax, as the case may be, the Assessing Officer shall, on anapplication made by that person in this behalf, give to him such certificate as may beappropriate.(3) Where any such certificate is given, the person responsible for paying the sum referredto in sub-section (1) shall, until such certificate is cancelled by the Assessing Officer,deduct income-tax at the rates specified in such certificate or deduct no tax, as the casemay be.”