Tds u/s 194i - monsoon shed will be covered under which term

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Subodh Jain (Querist)
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02 January 2014 Whether renting of Monsoon shed will come under the definition of Land & building or Plant & machinery?

Because there are two rates of TDS u/s 194I
Land & Building - 10%
Plant & Machinery - 2%

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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02 January 2014 temporary sturtcures are covered under plant and machinery if oyu check for dep purpose so i think it must 2%

wait for others to comment.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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02 January 2014 my view is that it a building and therefore should be under 10%. see it another way, what if you construct a moonsoon shed on your on?? will you include it in the plant & machinery or in land and building??

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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02 January 2014 Nihkil neither there building nor land its not roof top...so i guess it may not fit in land and building.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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02 January 2014 Tushar there are two types of monsoon sheds - pakka and temporary.

regardless of that, fact is that monsoon sheds are structures based on land (you cannot say its not land - otherwise where is it ? in air), made of different materials which can be bamboo or tarapulin and in some cases pakka construction. Now is there a definition as what material we have to use to make a building? Is bamboo house not a house??

However, if the structure itself is a temporary one, you can argue that it doesn't form part of building!

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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02 January 2014 Since querist must be facing problem when it is kaccha wala and he uses term moonsoon shed which is implied only used for moonsoon purpose ...so woh hawa mein to nahi latkega but will be on support...so it will be plant and machinery can refer dep chart it gives 100% dep

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Nikhil Kaushik

Nikhil Kaushik (Expert)
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02 January 2014 ya. totally agreed with that. to further argue your case, expenses on erection of monsoon shed (kacha wala) can be claimed as revenue expenses (Johnson & Johnson Vs ACIT 2013-TIOL-273-ITAT-MUM).

However, renting a pakka shed should attract 10%.

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