TDS on property fair


This query is : Resolved 

12 April 2010 We are participating in property fair.
so we are paying them charges for booking a stall in that fair.We record this expenses as advt. expense.The other party record the same as normal business income.

TDS @ what rate is to be deducted on that amount payble to the orgniser?
(mention if any case laws)

12 April 2010 TDS SHOULD BE DEDUCTED U/S 194C

IND/ HUF @1%
OTHERS @2%

12 April 2010 Beg to differ.

Provision of stall for a certain period can not be regarded as carrying out any work. More so, when the role of organiser is limited to provision of stall and other aminities and had nothing to do with advertisement/ display etc.

In my view, it may fall under section 194I. The payment made to the organiser is nothing but rental of the stall.

12 April 2010 •If a particular space has been taken on rent by a person who subsequently sub lets it for putting up a hoarding, the TDS liability is not under Section 194C but under section 194-I. [Circular No.715 dt.8-8-1995].

SIR YOUR OPINION MAY BE BASED ON ABOVE BUT IN MY VIEW IT IS A CONTRACTUAL SHORT TERM PAYMENT AS A FAIR IS USUALLY FOR A SMALL PERIOD. THAT'S MY VIEW BUT I DONT DISAGREE WITH YOUR VIEW EITHER.


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