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Tds on lease rent of car

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(Querist)
22 September 2011 Is TDS under section 194 I is applicable on lease rent paid for motor vehicle (Car)?
The ownership of the car is with the lessor.
According to the definition under section 194 I rent on vehicle is not mentioned.
And Vehicles are included under the definition of Plant & Machinery for the purpose of providing Depreciation.

Please post your answers with reference to any case law.
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CA Siddhartha Bhardwaj

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CA Siddhartha Bhardwaj (Expert)
27 September 2011 For the purpose of Section 194I, the meaning of machinery, plant & equipment has to be taken in its strcit sense.

The classification of motor car under plant & machinery is only for the purpose of Section 32(depreciation).

Accordingly, Section 194I shall not be applicable to lease rent paid for motor car.
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