Exicutive
21 Points
Joined October 2012
Dear Sir/Madam, We can get a clear picture while go through the below Judgement by the Bombay High court in the case of East India Hotels‐vs‐CBDT 320 ITR 526 (Bom): The issue before the court was whether services provided by a hotelier would fall within the scope of the said expression. The court answered in negative by observing as under: “The expression “carrying out any work” in section 194C is limited to any work which on being carried out culminates in to a product result. In other words, the word “work” in section 194C is limited to doing something with a view to achieve the task undertaken or to carry out an operation which produces some result.” “The services rendered by a hotel to its customers by making available certain facilities/amenities like providing multilingual staff , 24 hour service for reception, telephones, select restaurants, bank counter, beauty saloon, barbar shop, car rental, shopping centre, laundry, health club, business centre services etc do not involve carrying out any work which results into production of the desired object and therefore, would be outside the purview of section 194C of the Act.” Hence my understanding is that there is no requirement to deduct the TDS on Restaurant and other services rendered by Hotel other than rent .