Tds on rent

TDS 1115 views 7 replies

I  work in a Public Sector Bank.Now I am staying on lease basis  in a flat in Delhi for my residential accomodation with a monthly rent of Rs 22000/-. Out of this my Bank is paying Rs 11000/- and I am paying the balance of Rs 11000/-. It is an oral lease. Every month rent is being paid by draft in favour of lanlord by debiting Rs 11000/- to Bank' s Expenditure and Rs 11000/- from my salary.

In such a situation please clarify on the following points:-

1. Should my Bank deduct any TDS on the monthly rent even if in Bank's Books total annual rent paid comes to Rs 132000/- which is less than the stipulated ceiling of Rs 180000/- u/s 194I of IT act.

2. Out of monthly rent of Rs 22000/-, I am contributing Rs 11000/-. As per my understanding, an individual, does not fall under section 44AB of IT act, so not liable to deduct TDS. In such situation can my contribution be added up to Bank's contribution for deciding the TDS on rent ( u/s 194I of IT act)

Please clarify.

Shashank

8826895137


 

Replies (7)

There is no need to deduct TDS as you are individual who books are not required to be audited.

Hi, my qerry was about my Bank, who is paying the rent. Whether Bank is liable to deduct TDS  on the above mentioned situation??

In this situation, no as the amount is not exceeding Rs 180000/-. Just want to know whether there is an agreement between you and bank to pay rent.

Yes, I am an employee of the bank. Bank provides lease accomodation facility to its executives. But does not reimburse the full lease amount. In the instant case, Bank pays only Rs 11000/- out of Rs 22000/-. I am of the view that since bank is only incurring an expenditure of Rs 132000/- p.a, rest is being paid by me, TDS need not be recoverred from the monthly rent.

 

 

 

In this case, bank need not to deduct TDS. If the amount paid by Bank exceeds INR 180000, then only Bank is required to deduct TDS.

Thanks a lot. Can u please quote the relevant legal citation or IT circular.

There is no special circular for this. It is just about the understanding of Section 194I.


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