Tds- building maintenance charges

Querist :
Anonymous
(Querist) 22 August 2011
This query is : Resolved
The land lord send a bill and wrote that due problem in collecting maintenance charges tenants have to pay maintenance charges from july onwards on quarterly basis. For our office building we have to pay to the Association Rs.24,000/- per quarter. Upto June'11 in this Financial we have paid Rs.14,000/- share of common maintenance charges as per actual electricity bills.
My question TDS is to be deducted while making payment to the Association?
(1. If we add payment already made as per actual charges with amount payable per quarter estimated by the Association then the Rs.75,000/- limit for U/s 194C will exceed.
2. As per rent agreement maintenance charges payable extra by the tenants but it is payble to the Association has not mentioned.The Building is commercial Building.
A V Vishal
(Expert) 22 August 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.