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tds on mainetenace contract

This query is : Resolved 
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(Querist)
03 June 2010 whether tds deductible on maintenance charges charged by building society for whole year.whether is in d nature of maintenance contract
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Shyam Lal Naik

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Shyam Lal Naik (Expert)
03 June 2010 It appears that the query is related to payment of maintenance charges by the occupant to the society formed by them. In this scenerio, the concept of mutuality will come to rescue and hence TDS not attracted, in my view.

More opinion sought.
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CA Archana

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CA Archana (Expert)
03 June 2010 If its a commercial building and then the tenants can always deduct TDS on the maintenance contract.
But in case of residential societies I think its not required.
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