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 AVOIDANCE OF DOUBLE TAXATION AND PREVENTION OF FISCAL EVASION WITH FOREIGN COUNTRIES - WITH GOVERNMENT OF JAPAN
 Notification no. 1-CA(7)/123/2008 containing Draft Regulations arising out of the Accounting Technician Course - (03-09-2008)
 NOTIFICATION NO. 91/2008, DATED 28-8-2008
 SECTION 90 OF THE INCOME TAX ACT, 1961 DOUBLE TAXATION RELIEF AGREEMENT WITH FOREIGN COUNTRIES NOTIFIED AGREEMENT
 NOTIFICATION NO. 89/2008/F. NO. 142/24/2003-TPL [NOTIFICATION NO. S.O. 2115(E)], DATED 27-8-2008
 Order under section 119(1) of the Income-tax Act, 1961 regarding exemption from the TDS provisions under section 197 read in conjunction with section 10(26BBB) of Income-tax Act, 1961
 NEW RETURN FORMS FOR THE ASSESSMENT YEAR 2008-09 - AND MATTERS CONNECTED THERETO
 MANDATORY E-PAYMENT OF TAXES
 NOTIFICATION NO. 77/2008, DATED 8-7-2008
 Notification: 76; Date of Issue: 02/07/2008
 NOTIFICATION NO. 70/2008-FTD, DATED 18-6-2008

CIRCULAR NO. 4/2008, DATED 28/4/2008
April, 28th 2008

Clarification on deduction of tax at source (TDS) on service tax component on rental income under section 194-I of the Income-tax Act

CIRCULAR NO. 4/2008, DATED 28-4-2008

 Representations/letters have been received in the Board seeking clarification as to whether TDS provisions under section 194-I of the Income-tax Act will be applicable on the gross rental amount payable (inclusive of service tax) or net rental amount payable (exclusive of service tax).

2. The matter has been examined by the Board. As per the provisions of 194-I, tax is deductible at source on income by way rent paid to any resident. Further rent has been defined in 194-I as

rent means any payment, by whatever name called, under any lease, sub-lease, tenancy or any other agreement or arrangement for the use of (either separately or together) any,-

           (a) land; or

           (b) building (including factory building); or

           (c) land appurtenant to a building (including factory building); or

           (d) machinery; or

           (e) plant; or

           (f) equipment; or

           (g) furniture; or

           (h) fittings,

whether or not any or all of the above are owned by the payee;

3. Service tax paid by the tenant doesnt partake the nature of income of the landlord. The landlord only acts as a collecting agency for Government for collection of service tax. Therefore it has been decided that tax deduction at source (TDS) under sections 194-I of Income-tax Act would be required to be made on the amount of rent paid/payable without including the service tax.

4. These instructions may be brought to the notice of all officers working in your region for strict compliance.

5. These instructions should also be brought to the notice of the officers responsible for conducting internal audit and adherence to these should be checked by the auditing parties.

 
 
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