C.A
56 Points
Posted on 08 October 2008
You need not deduct tax at source in this case since it comes within the ceiling of Rs. 1.20 Lacs per annum.
Still if the payment appears to cross that limit , TDS U/s 194 I @ 10 % + surcharge and cess is applicable if you are paying the party monthly / weekly / daily fixed amount.
Since you have said that you are paying Rs. 8500/- per month , Section 194 I is applicable.
Whereas if you are paying the party on the basis of distance covered by the vehicle, then TDS U/s 194 C is applicable and the ceiling limit for that case is either 20000/- or 50000/- as the case may be.
The basic thing which we have to see is the nature of the transaction and the definition of the word " Rent ".