TDS ON HOTEL ROOM RENT

TDS 16594 views 15 replies
if any company book a hotel room rent for its employees, not on contract basis, excees the limits, whether tds should be deducted and under what section
Replies (15)
In this case TDS tobe deducted @ 2% + SC+E.cess+H E Cess. Because there is no such rent agrement.
There is also no contract for booking the room, then how it is to deducted at @ 2% , Then wat about rented car , if someone is travelling & co. is hire car for him , then whether tds is to be deducted or not ? if same pvt company is providing car & raising separate bill , whether limit is to be checked ?
Plz refer clarification mentioned in circular No.5/2002. it clarifies TDS on hotel room.
as per circular 5/2002, if hotel room is occupied on regular basis, then the tds sould be deducted u/s 194I, so if it is not regularly occupied, there is no tds as mentioned by Rajen, how it will come under Contract, is there any case law/decision to support this please refere
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if any company book a hotel room rent for its employees through sub contract , whether tds should be deducted and under what section .

If Compnay Does not have any contract & is taking room on rent only for visiotr or employees whether it is covered under 194C & liable to deduct TDS if total rent during the year is more then 50000/- because every bill a saperate contract? Please help

if any company book a hotel room for its employees to visit for conference, not on contract basis, excees the limits (bill of Rs.445000/-),whether tds should be deducted and under what section.

 

 However, often, there are instances, where corporate employers, tour operators and travel agents enter into agreements with hotels with a view to merely fix the room tariffs of hotel rooms for their executives/guests/customers. Such agreements, usually entered into for lower tariff rates, are in the nature of rate-contract agreements. A rate-contract, therefore, may be said to be a contract for providing specified types of hotel rooms at pre-determined rates during an agreed period. Where an agreement is merely in the nature of a rate contract, it cannot be said to be accommodation ‘taken on regular basis’, as there is no obligation on the part of the hotel to provide a room or specified set of rooms. The occupancy in such cases would be occasional or casual. In other words, a rate-contract is different for this reason from other agreements, where rooms are taken on regular basis. Consequently, the provisions of section 194-I while applying to hotel accommodation taken on regular basis would not apply to rate contract agreements.

Circular : No. 5/2002, dated 30-7-2002.

Good Evening sir

If need informayion about rate contract, like supose if we are paying to any tour operator company for our client for hotelk & transport & for other thing, is it will come u/s 94c or 94 J in TDS or Not.

Please provide me elaborate information on rate contract.

Thanks & Regards

Rajesh Shukla

Dear Sir

We have booked a conference room for a meet and the bill amount was Rs. 33000. It includes stay expenses of few top officials and food expenses. Should i have to deduct TDS on the bill????

Originally posted by :bharani
" if any company book a hotel room rent for its employees, not on contract basis, excees the limits, whether tds should be deducted and under what section "


 

 
" Plz send me circular  No.5/2002 of TDS on hotel room. "


 

Originally posted by :Guest
" If Compnay Does not have any contract & is taking room on rent only for visiotr or employees whether it is covered under 194C & liable to deduct TDS if total rent during the year is more then 50000/- because every bill a saperate contract?

Please help
"


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