Laxmisha (Article Assistant) (57 Points)
02 July 2010Hi Friends,
My client is enagged in Shipping Business and makes payment to Port ( Which private organisation and not trust or government undertaking). under which section of TDS he shall deduct TDS i.e 194 I or 194 C or 194 J.
Kindly provide the explanation to support your opinion.
Thanks in advance
Amir
(Learner)
(4016 Points)
Replied 03 July 2010
Dear Laxmisha,
TDS will be applicable u/s 194I - Rent
Pls refer to this case - Not the same facts but yes very much similar -
Landing Fee/Parking Fee in airports - Landing of aircraft or parking aircraft amounts to user of land of airport and, hence, landing fee and parking fee will amount to ‘rent’ within meaning of Explanation (i) to section 194-I - United Airlines v. CIT [2006] 152 Taxman 516 (Delhi)/CIT v. Japan Airlines Co. Ltd. [2009] 180 Taxman 188 (Delhi).
CAclubindia
