TDS applicablility on SEZ units and Developers

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amit tak (Querist)
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24 November 2010
Hi Tax Experts,

Whether SEZ unit is required to deduct TDS from payments to be made/made to SEZ Developer.

We are a ITES SEZ unit and we are paying rent,Maintenance Charges(common and specific) + parking and Electricity charges to DLF Assets India pvt Ltd(DLF IT park Chennai)

Are we required to deductd TDS

Under Which section TDS will be deducted

If there are separate bills for rent
Maintenance charges
Electricity usage
Parking charges

Will section 194 I hit only. Or there will be separate chargebility under TDS provision for each head as above mentioned

Please mention section codes as well

Regards

Amit

venkatraman shrinivas

venkatraman shrinivas (Expert)
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25 November 2010 You are liable to deduct tax under section 194I on the basis of the rates prescribed therein. This section is omnibus to include all payments are regarded as rent irrespective of their different nomenclature. However in the assessment, one can take a different stand as to to nature and character of receipt.For deduction of TDS has no exception or immunity from non deduction. Only income generated does enjoy exemption to a certain extent, while all other tax obligations are mandatory.

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