Tds on maintenance charges

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Neela (Querist)
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21 July 2012 A landlord issues separate bills towards rent and maintenance charges. My client charges TDS on rent u/s 194I and on maintenance charges u/s 194C. The landlord argues that since he only collects the maintenance charges and pays the amount to various contractors, my client should not charge him TDS on the maintenance charges. There is no separate building association in charge of the maintenance and the work is got done by the landlord.

Our take on the matter is that since the maintenance charges are paid to the landlord (though separate from the rent), my client is required to deduct TDS and pay the maintenance charges to the landlord. (TDS is charged separately for rent and for the maintenance charges)

Please clarify if our stand is correct.

C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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01 July 2013 It is correct provided the landlord does not have the objection to it

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