SEC 194C OR 194I

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CA JAIPRAKASH (Querist)
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23 March 2009 Dear all,

i want to know what is the rate of tds to be deducted on payment made to port office for ship landing fees.
will it be a contract or will it be rent.

CA Tilak Raj Sharma

CA Tilak Raj Sharma (Expert)
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23 March 2009 194C

ca jignesh

ca jignesh (Expert)
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23 March 2009 194c

CA JAIPRAKASH

CA JAIPRAKASH (Querist)
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23 March 2009 can u please give any case law reference in this regard

CA LOKESH KASAT, FCA, M.Com

CA LOKESH KASAT, FCA, M.Com (Expert)
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23 March 2009 Section 194I, defines Rent as, any payment under lease, sub-lease, tenancy or any other agreement or arrangement for the use of land, building, including factory building, P&M,and F&F. so the above case doesn't comes under this, so 194I will not be applicable.
so, 194C as it seems to be contract only.
Don't remember the case law, but CBDT in Circular No.718 dated 22 august 1995 ahs cleared the fact.

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