16 January 2015
Sir, I owned a rented shop in a Mall, where I am charged License Fees, Amenity Charges, CAM Charges, HVAC Charges & Electricity Charges. Being confused among TDS implications among tax deduction on Amenity Charges, CAM & HVAC Charges, experts are requested to suggest your views & advice at your earliest. Thanks
17 January 2015
Sanjay Sir, Thanks for your valuable feedback. But the party has given Lower Deduction Certificate u/s 194Ia & 194Ib & they are of the opinion that TDS on License Fees should be deducted u/s 194Ib & Amenity Charges should be deducted u/s 194Ia, because total LF is divided into LF & Amenity Chgs. Please suggest on a practical note on the issue & advice
17 January 2015
Jitesh Ji License fee is for what? It seems to be a case of Taking a Shop in mall on rent wherein some amenities and facilities are provided. Section applicable is 194I TDS on Rent. If these services are part of rent agreement then TDS to be deducted u/s 194I otherwise section 194C needs to be applied for other services and amenities and 194I for Rent.
If your case is different then plaese give all the details of terms of agreement/payment and the exact nature of services and whether they are covered under the rent agreement.
20 January 2015
Sanjay Ji, thanks for update.. It is similar in my case... Rent agreement is separate wherein only License fees is charged & separate agreement for amenities & other facilities.. My point of confusion is that in this case, amenity charges is not deductible u/s 194Ia..? Please reassure the same because Mall management consider amenities under 194Ia
CAclubindia
