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TDS on Rent for stand space

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(Querist)
20 October 2010 The company has taken the stand space for its exhibition for which the rent is pabyable of Rs. 133551/- including service tax of Rs. 12471/- Whether TDS is to be deducted on amount of Rs. 121080 (i.e Rs. 133551 minus Service tax Rs.12471) under section 194I of I T Act, 1961. Please advise.
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CMA Ramesh Krishnan

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CMA Ramesh Krishnan (Expert)
20 October 2010 For tds on rent under sec.194I, TDS need to deduct excluding service tax, so TDS need to deduct on net amount Rs. 121080
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CA Punit

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CA Punit (Expert)
21 October 2010 right..
In case of rent, TDS should not be made on Service Tax amount... hence no TDS in your case.

However in case of on Professional fees u/s 194J & contractual pay u/s 194C, TDS should be made even on service tax
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CA Shailesh +91 9393926464

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CA Shailesh +91 9393926464 (Expert)
21 October 2010 In my opinion, Sec 194C is applicable in this case. Other Experts, please comment...
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CA Navin Jain

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CA Navin Jain (Expert)
21 October 2010 but amount is less than of Thrash hold limit of Rs. 180000, SO TDS IS NOT APPILICABLE
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taxindiaconnect

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taxindiaconnect (Expert)
25 October 2010 sShailaesh, TDS u/s 194I is applicable, if applicable at all, subject to threshhold limits etc.
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