Tds on maintenance charges of office building

This query is : Resolved 

Querist : Anonymous (Querist)
03 September 2011

The maintenance service of our office Building is providing by an Association formed for that by the Landlords(maintenance charges to be paid was not mentioned in the rent agreement).Is TDS is deductable on maintenance charges(office building Commercial use)?

The said Association has submitted invoice along with photocopy of their payments vouchers. The expenses includes electricity charges(supported by electricity company bill), night guard and sweepers salary and maintenance charges of lift etc. (Photocopy of payments voucher we have not verified their Account for salary ,maintenance charges)
The Total yearly expenditure would be more than Rs. 75,000/- .The association has opinion the TDS is not deductable as they charging on actual payments basis.Please help me.

A V Vishal (Expert)
03 September 2011

TDS U/S 194I on maintenance charges is not required to be made if separate bills are raised one is for rent and the other is for maintenance charges .

How ever payments made towards maintenance charges attracts sec 194C.

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