@ Rajagopalakrishnan R
Sir, is TDS applicable in this case?
OP mentioned that the partnership deed is absent at the moment and hence there wont be PAN of the firm either. The firm wont be even registered for the purpose of tax deduction. On the rent agreement the signature and the contract would be in name of the partner only (i.e an individual) . OP also mentioned that business is to be started so commercial acticity has not started as of yet.
The individual himself does not has to transact the business but its the firm which will be transacting the business, hence , isn't the above expenditure in nature of personal expense , for which there is no obligation to deduct tax ?
Even if its not a personal expense then by virtue of S.194 I , an indivdual is not liable to deduct tax unless condition mentioned therein are met.
194-I. Any person, not being an individual ....shall,......, deduct income-tax ......
S.194 I provided that an individual or a Hindu undivided family, whose total sales, gross receipts or turnover from the business or profession carried on by him exceed the monetary limits specified under clause (a) or clause (b) of section 44AB during the financial year immediately preceding the financial year in which such income by way of rent is credited or paid, shall be liable to deduct income-tax under this section :
Is this condition being satisfied ? If not then there should be no requirement to deduct tax at source.
Further as per your treatment, the rent will be claimed as an expense, but how can they claim deduction for anything prior to the date of partnership deed, except for S.35D ?
If wrong, kindly give a detailed explanation.