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194I

aasita (ACA) (387 Points)

23 August 2009

I am making payment to single person for more than one property situated at diff. place so do i have to see aggregate amt of rent to see limit of TDS or individual property wise?I think aggregate pls confirm?

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5 Replies

Ashish M (Chartered Accountant) (2731 Points)
Replied 24 August 2009

It would surely be aggregate.. as he would also be taxable on the basis of his income in aggregate from the rent...........

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CA Praveen Nair (Business Analyst) (99 Points)
Replied 24 August 2009

194I applies where aggregate amount of Rent exceeds 1.2 lacs, therefore it can be implied that, the criteria is not the number of properties but to the same person...

MR. R....halpfull hand is back (.) (297 Points)
Replied 24 August 2009

1,20,000 rs is the limit of the tds on rent if it is more then it then deduct tds on whole amt. this is a indevidual limit for all

if u deduct tds on 1,20,000 or more for more then one person then u not deduct tds on it

Ratti Wahal (Company Secretary) (139 Points)
Replied 24 August 2009

Dear Aasita,

The liabiltiy to deduct tax under Section 194I of the Income Tax Act, 1961 is on the aggregate amount.

Further, as per proviso of Section 194I of the Income Tax Act, 1961 'no deduction shall be made under this section where the amount of such income or, as the case may be, the aggregate of the amounts of such income credited or paid or likely to be credited or paid during the financial year by the aforesaid person to the account of, or to, the payee, does not exceed one exceed one hundred and twenty thousand rupees.'

From the above stated proviso it is being proved that the deduction will be made on the aggregate amount.

(Guest)

⁸194-I. Any person, not being an individual or a Hindu undivided family, who is responsible for paying to ⁹[a resident] any income by way of rent¹⁰, shall, at the time of credit of such income to the account of the payee or at the time of payment thereof in cash or by the issue of a cheque or draft or by any other mode, whichever is earlier, ¹¹[deduct income-tax thereon at the rate of

¹²[(a) ten per cent for the use of any machinery or plant or equipment;

(b) fifteen per cent for the use of any land or building (including factory building) or land appurtenant to a building (including factory building) or furniture or fittings where the payee is an individual or a Hindu undivided family; and

(c) twenty per cent for the use of any land or building (including factory building) or land appurtenant to a building (including factory building) or furniture or fittings where the payee is a person other than an individual or a Hindu undivided family:]]

Provided that no deduction shall be made under this section where the amount of such income or, as the case may be, the aggregate of the amounts of such income credited or paid or likely to be credited or paid during the financial year by the aforesaid person to the account of, or to, the payee, does not exceed one hundred and twenty thousand rupees