applicability of 194c\194I in respect of car charges\taxi

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This query is : Resolved

Murali dhar (Querist)

20 July 2009 dear Sir,

We are aggrement with a Travelor for providing a car to our office purpose with driver for the period 1 year. we are confused applicbility of 194I & 194c and diffrence in this matter.

with regards,
N.Murali.

Abhishek Mohta

Abhishek Mohta (Expert)

20 July 2009 This agreement of yours is a contractual agreement between you and the traveller, so Sec. 194C will be applicable in this case.

Moreover, in Sec 194I the definition of Rent is defined which states:

rent means any payment, by whatever name called, under any lease, sub-lease, tenancy or any other agreement or arrangement for the use of (either separately or together) any,
(a) land; or
(b) building (including factory building); or
(c) land appurtenant to a building (including factory building); or
(d) machinery; or
(e) plant; or
(f) equipment; or
(g) furniture; or
(h) fittings,
whether or not any or all of the above are owned by the payee;]

Thus Sec. 194I cannot be applicable.

Message likes : 1 times

CA. BIJENDER KR. BANSAL

CA. BIJENDER KR. BANSAL (Expert)

20 July 2009 I agree with Mr. Abhishek.
AS per expllanation III of Section 194 C , work shall also include :
a)
b)
c) Carriage of goods and passenger by any mode of transport other than by railways.

It means section 194C apply to hiring of vechile.
In section 194I, nowhere is provided regarding rent /hiring of vechile , there is only rent of land, building , machinery, plant, equipment, furniture & fittings .

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