Worked Solution
✓ VerifiedSub-part (i): Sitting Fees to Director — Section 194J(1)(ba) of the Income Tax Act, 1961
S and Co. Ltd. paid ₹25,000 as sitting fees to a Director. Under Section 194J(1)(ba), any remuneration, fees, or commission paid by a company to a director (other than salary on which tax is deductible under Section 192) is liable to TDS at 10%. Importantly, unlike other sub-clauses of Section 194J, there is no threshold limit for TDS on director's remuneration/fees under Section 194J(1)(ba).
Accordingly, TDS is applicable on the entire ₹25,000.
TDS to be deducted = ₹25,000 × 10% = ₹2,500
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Sub-part (ii): Compensation on Compulsory Acquisition of Urban Land — Section 194LA
The State of Haryana paid ₹2,20,000 to Mr. Mohan on compulsory acquisition of his urban land. Section 194LA mandates TDS at 10% on payment of compensation on compulsory acquisition of immovable property (other than agricultural land). However, TDS is deductible only if the compensation paid or likely to be paid exceeds ₹2,50,000 in a financial year.
Here, ₹2,20,000 < ₹2,50,000 (threshold limit). Since the amount does not exceed the threshold, no TDS is deductible under Section 194LA.
Note: Additionally, if the acquisition is made under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the compensation is specifically exempt and Section 194LA would not apply at all.
TDS to be deducted = Nil
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Sub-part (iii): TDS on Purchase of Goods — Section 194Q
Section 194Q, inserted by Finance Act, 2021, is applicable from 01-07-2021. It requires a buyer to deduct TDS @ 0.1% on purchase of goods from a resident seller if:
1. The buyer's turnover in the immediately preceding FY exceeds ₹10 crores; and
2. The aggregate purchase from a single seller exceeds ₹50 lakhs in the FY.
Mr. Purushothani's turnover in FY 2020-21 = ₹12 crores > ₹10 crores — condition (1) satisfied.
As per CBDT Circular No. 13/2021, purchases made from 01-04-2021 are counted for computing the ₹50 lakh threshold, but TDS is deductible only on purchases on or after 01-07-2021.
Cumulative purchases from Mr. Agarwal:
- 10-06-2021: ₹25,00,000 → Cumulative = ₹25,00,000 (before 01-07-2021; counted for threshold, no TDS obligation yet)
- 20-08-2021: ₹27,00,000 → Cumulative = ₹52,00,000 (threshold of ₹50L crossed; TDS on ₹2,00,000 i.e. excess)
- 12-10-2021: ₹28,00,000 → TDS on full ₹28,00,000
Since Mr. Purushothani credits Mr. Agarwal's account on the date of purchase itself, TDS is deductible at the time of credit (whichever is earlier of credit or payment).
TDS computation:
- On 20-08-2021: ₹2,00,000 × 0.1% = ₹200
- On 12-10-2021: ₹28,00,000 × 0.1% = ₹2,800
Total TDS under Section 194Q = ₹3,000
Note: Since Section 194Q applies here, Mr. Agarwal (seller, turnover ₹20 crores > ₹10 crores) is not required to collect TCS under Section 206C(1H) on these transactions.
Write it like this
1The skeleton
- Open each sub-part with the section number in bold — write 'Section 194J(1)(ba)' in line 1, not buried after two sentences of facts; examiners tick the section first before reading anything else.
- State the threshold condition explicitly before computing — write '₹2,20,000 < ₹2,50,000 (threshold)' as its own sentence; this one line is what earns the reasoning mark, not just the 'Nil' answer.
- For 194Q, split April–June vs July onwards in TWO separate steps — write that pre-01-07-2021 purchases count toward the ₹50L threshold but trigger no TDS; skipping this split kills your answer even if the final number is right.
- End every sub-part with a standalone 'TDS to be deducted = ₹X' line — treat it like a journal entry conclusion; examiners allocate marks per sub-part and this makes your answer scannable at 2 AM during checking.
- Close 194Q with the 206C(1H) note in one line — 'Since 194Q applies, seller is not required to collect TCS under 206C(1H)'; it signals you understand the override rule and often fetches the last half-mark without costing you any time.
2Examiner-rewarded phrases
3Common trap
The single biggest mark-killer here: students apply 194Q TDS on the full ₹27L purchase on 20-08-2021 instead of only on ₹2L (the excess over ₹50L). Also, don't confuse 194J(1)(a) — which has a ₹30,000 threshold — with 194J(1)(ba) for director fees, which has zero threshold; that mix-up costs you the applicability mark even if your rate is right.