TDS on room rent paid to hotel

This query is : Resolved 

30 March 2009
Whether TDS should be deducted on room rent paid to Hotel.

As per the circular No. 5/2002 issued by CBDT on 30.07.2002 rent means " any payment, by whatever name called under any lease or any agreement or arrangement for the use of any land."

The department also emphasised that payment made to hotels for hotel accommodation, whether in the nature of lease or licence agreement are covered so long as such accommodation has been taken on regular basis.

But if there is no agreement between both the parties,and room is hired not on daily basis, then whether TDS should be deducted?

What do you mean by regular basis?

31 March 2009 If no agreement, then 194I will apply.

and the circular no you are talking about, emphasis that TDS is not applicable on Rate Contract.

The term Rent is not defined under this circular.


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