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tds & service tax on maintenance charges

This query is : Resolved 
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(Querist)
26 July 2010 Dear Colleagues,

A Builder after the Completion of Construction of the said project maintains Buyers A/c until the Society is being formed .

The purpose of this buyers A/c is to allocate the society expenses (e.g.prop tax.water charges,security,common electricity,common maintenance,house keeping etc)
To owners of the flats & there is no profit motive .

Whether TDS needs to be deducted by the l Flat owners (P.F./COMPANY owning flats) on the said maintainence charges ?

whether the transaction is chargeable to service tax ?
regards
c.a.paresh zatakia
9833855518
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CMA Ramesh Krishnan

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CMA Ramesh Krishnan (Expert)
03 August 2010 yes.TDS applicable for your transactions, TDS will not considered the profit or non profit motive, but incase it is reimbursment agaisnt the actual expenses incurred and the invoice raised separatly then No TDS
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