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Tds u/s192

ankush (none) (102 Points)

03 May 2016

whether TDS is applicable if employees take parking place on rent and parking rent is reimbursed by the co. to employees ?

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9 Replies

ACCOUNTANT (Student) (559 Points)
Replied 03 May 2016

no., parking rent doesnt come under 194I,

Sandeep Sankaran (Chartered Accountant) (128 Points)
Replied 03 May 2016

any payment made by the employer to the employer, directly or indirectly, is chargeable under the head salaries. Here, the rent is payable by the employee, which is being paid by the employer. So section it has to be considered while deducting tax u/s 192.
Section 194I is not applicable as the same us not the rent expense of the company. For the company it is employee benefit cost only.

Sandeep Sankaran (Chartered Accountant) (128 Points)
Replied 03 May 2016

please read first line as employer to employee

Punith (Article assistant) (107 Points)
Replied 04 May 2016

Dear Sandeep Sir

I had a doubt why cant we consider this as reimbursement, as we do for Petrol expenses and telephone expenses???

Vinay somani (CA, CS) (Assistant Manager-Accounts) (549 Points)
Replied 04 May 2016

if there is a employer employee relation exist. and payment made in terms of employement then same is taxable under salary head. and employer is liable to dedcut TDS u/s 192.

Sandeep Sankaran (Chartered Accountant) (128 Points)
Replied 04 May 2016

Dear Punith,
that depends on how official is the use of the car. If the car is used just to commute to the office and back, then it is more of personal use. On the other hand if the car is used only for official purpose then the same amounts to reimbursement of expenses as suggested by you.

Punith (Article assistant) (107 Points)
Replied 04 May 2016

Dear Sir,

Agree with you. But I have gone through few companies payroll where in they reimburs for fuel and telephone expense with regard to official work, here y are we not looking at Employer employee relationship and TDS on the same?? Even the parking expense can be considered as official expense??

Sandeep Sankaran (Chartered Accountant) (128 Points)
Replied 04 May 2016

That is what I said, if car is actually used for official purpose then it will be considered as reimbursement of expenses, otherwise it is taxable under the head salaries.