TDS / TCS compliance Ahmedabad Answered

We pay a freelance developer ₹40,000 a month. Is TDS under 194J or 194C, and does GST apply?

Asked by A business owner in Ahmedabad 17 Aug 2026 1 answer 2 min read

The question

Our agency in Ahmedabad pays a freelance React developer ₹40,000 a month on a monthly invoice. Our accountant deducts 1% under 194C saying it is contract work; the developer says it should be 194J. Who is right, and does he need to charge us GST?
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1 answer

ERPCA
ERPCA Expert Desk Verified answer

Practising chartered accountants at ERPCA · 17 Aug 2026

In short

The developer is right. Software development by an individual is a professional service, and section 194J applies.

Information technology is a notified profession under section 44AA, so fees for it are "fees for professional services" under 194J(1)(a), deductible at 10%. The 2% rate in 194J is for fees for technical services and royalty, and section 194C covers "work" contracts such as printing, catering or manpower supply, not skilled services rendered personally. The threshold is ₹50,000 a year (raised from ₹30,000 on 1 April 2025), and at ₹4.8 lakh a year you are well past it. Deduct 10% on each invoice, deposit by the 7th of the next month, report in Form 26Q and issue Form 16A quarterly. If he has not given you a PAN, the rate is 20%.

The short deduction so far should be corrected: deduct the shortfall from the next payments and deposit it with interest at 1% a month from the month it was deductible; the expense itself is not disallowed as long as the tax is paid before your return due date.

GST: he must register and charge 18% once his total receipts from all clients cross ₹20 lakh in a financial year. If he is registered, deduct TDS on the fee excluding GST shown separately (CBDT Circular 23/2017), and you claim the 18% as input credit.

Next step

Switch to 194J from this month, regularise the past deduction with interest, and ask for his PAN and GST status in writing.

General guidance on the facts given, not an engagement. Law as on the date of the answer.

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