Monday, 14 January 2013

TDS ON PARKING CHARGES

TDS ON CAR PARKING CHARGES:

Hi frnds,

From such a long period i was looking for clarification on the above mentioned issue " Whether TDS to be deducted for Car parking charges u/s 194C or 194I"

During statutory audit of various clients i have observed generally TDS is not deducted on  parking charges referring the case [DCIT vs JAPAN AIRLINES (2005)] but the facts of these case are not general parking charges and i have always doubted that CAR parking charges comes under the ambit of 194C because in some cases Parking owners commits to provide car parking space however the space is not fixed or definite, in such cases TDS is to be deducted u/s 194C using citation [M/S Mahendra Shipping ltd. vs ITO (HC)]

Hence according to me where there is definite and particular space for CAR parking TDS to be deducted u/s 194I referring case [DCIT vs JAPAN AIRLINES (2005)] and where there is no definite and particular space for car parking and parking owner only commits to provide space for car parking TDS to be deducted u/s 194C referring case [M/S Mahendra Shipping ltd. vs ITO (HC)]

Thanks for reading frnds..

Kindly update this blog with other useful information as well..


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