Tds
This query is : Resolved
trupti daga
(Querist)
27 November 2012
A company is paying rent to the mall for the purpose of displaying the company name hoarding board in the mall. The board is provided by the mall. My query is will be TDS be deducted under section 194C OR 194I???
27 November 2012
TDS will be deducted u/s 194I since space for hoarding has been taken on rent.
trupti daga
(Querist)
27 November 2012
Can u provide me with reasons to support your answer
Pankaj Gupta
(Expert)
27 November 2012
Although I dont remember the name of the case , but in that case a car was displayed in the mall. The court held that-
WHEN THE ASSESSEE DISPLAYED THE CAR IN THE MALL, HE USED THE SPACE IN THE MALL. AND HENCE THE PAYMENT MADE TO THE MALL SHALL BE IN THE FORM OF RENT.
Applying the same ruling of the court in your case also, it can be said that , by displaying the hoarding in the mall, you have used the space and thus amount paid shall be in the form of rent.
WHEN THE ASSESSEE DISPLAYED THE CAR IN THE MALL, HE USED THE SPACE IN THE MALL. AND HENCE THE PAYMENT MADE TO THE MALL SHALL BE IN THE FORM OF RENT.
Applying the same ruling of the court in your case also, it can be said that , by displaying the hoarding in the mall, you have used the space and thus amount paid shall be in the form of rent.
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