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Tds

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(Querist)
31 January 2014 -We are Company T Pvt. Ltd.
-There is another company I Pvt. Ltd. which is paying rent on behalf of us to another party (P Pvt. ltd.) & charges us through bill for their services.
-We are simply reimbersing that rent to I Pvt. Ltd.
-There is no direct or indirect payment or contract between us (T pvt. Ltd.) & third party (p Pvt. Ltd).
-The question is that at the time of payment to I Pvt. Ltd. in which head we have to cut their TDS either Contractor(194C) or rent(194I)?
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Arun Biyani

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Arun Biyani (Expert)
31 January 2014 Rent 194(I). nature of transaction does not change. as you are ultimately paying him rent only..
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Nikhil Kaushik

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Nikhil Kaushik (Expert)
31 January 2014 Totally agreed with Biyani ji. Rather, you need to look it at this way. Given that you have no direct contract with P pvt Ltd, it cannot be said that you are merely reimbursing rent to I Pvt Ltd.

For all practical purposes I Pvt Ltd is the lessor. It is immaterial whether or not it is the owner of the premises.
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