17 July 2008
My client business of Garment Store in J.H.V.Mall Varanasi (U.P.) Client paid maintanance charge 20/- per S.F.Mall extra T.D.S.charge 2.06% kya maintance per T.D.S.LAGEGA
17 July 2008
With due respect to Mr. Srinivasaraghavan, I beg to differ.
The mode of quantification of consideration does not alter the substance of the transaction. Since maintenence charges are for common facilities, it can never be charged on actual basis.
Maintenance charges are always on a flat rate, whether the service is provided by the landlord or any third party.
The payment is for availment of certain additional benefit and not for the use of the mall.
It is akin to AMC for plant & machineries etc., which are covered under 194C.
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