December 18, 2020
My house remains leased to a company for the employees of the company. The total rent is Rs 18,000. The company wants to deduct TDS at 10%. However, in my agreement with the company, it is clear that the service charge of 5,000 Rs is rented. Please let me know that my client can deduct the total amount of TDS. – A leave and licence contract is an agreement by which the licensee authorizes the licensee to occupy and temporarily use part of the property for the performance of his commercial or residential activities. Article 36, paragraph A, point A), in sentence a), ……. (i) in column 1 of Column 1, the words “thirty-three months” are replaced by the words “sixty months”; (ii) in columns 1 and 2, the terms “11 months” are replaced by the words “twelve months”; As of May 1, 2013, the new stamp duty rates will apply to withdrawal and licensing agreements. The HR should read the entire document before concluding that the lease agreement, called a lease and licensing agreement, is, otherwise, the HR can deduct the heavy TDS. On the other hand, in the event of termination or transfer, the taxpayer obtains the credit for the entire TDS balance if the lease is terminated in the next year or during the transfer of the property, and the debtor transfers the residual advance to the purchaser or tenant. In any event, there is no legal viability of the licence agreement in West Bengal and, regardless of what is mentioned in place of the teem lease or the lease of the license agreement in Calcutta, it is nothing more than a lease agreement. A.10.
If the composite agreement is essentially the agreement to take over premises for rent, the tax covered in Section 194-I is deducted from its payments. Bulletin: 715, dated 8-8-1995. Each state in India has its own unique scale to collect stamp taxes, and we have made the computer available to our users to allow them to calculate the stamp duty on holidays and the licensing agreement for the state of Maharashtra. A.15. If reserved rooms are rented for a specified price and period, they would be designed as accommodation provided on a “regular basis”. The same would be true if a room or a number of rooms are not provided, but the hotel is legally obliged to provide such rooms during the currency of the contract. However, if an agreement is only in the nature of a collective agreement, it cannot be ruled out that it is “regular accommodation” since the hotel is not required to provide a particular room or rate. Occupation in such cases would be occasional or occasional. In other words, a collective agreement differs, for this reason, from other agreements in which spaces are taken regularly. As a result, the provisions of Section 194-I would not apply to collective agreements if they were applied regularly to hotel accommodation. Please refer to circular: 5/2002, 30.7.2002. 2.
However, you must cover the full 12 months of the L-L contract and obtain the fees on that account. In accordance with the new amendment to Article 36 to (b) point (a), section 36 to b) replaces, for point (a) the following clause: (a) if the leave and licence contract provides for a maximum of sixty months, with or without an extension clause; “0.25% of the total; (i) the licence fee or the rent to be paid contractually; plus (ii) the amount of non-refundable deposits or advanced money, or the application or pre-premium under the same name; (iii) Interest calculated at a rate of 10% per annum on the repayable loan or on advanced money, or advanced under any name. In accordance with the new section 2 of Section 70 of the Maharashtra Stamp Act, 1958 For documents with a stamp duty of one hundred and forty-nine rupees, $49 is ignored, or more than one hundred and eighty-nine, the amount in question will be rounded by the following hundred rupees.
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