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        Case ID :

        TDS u/s 194C - expenses incurred for convening meeting in the hotel - section 194C is not applicable for payments made by the customer to the hotel

        January 9, 2015

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        In the case of M/s. Ratnagiri Impex Pvt. Ltd. Versus Dy. Commissioner of Income Tax - 2015 (1) TMI 354 - ITAT BANGALORE  Tribunal held that,

        The assessee has not hired services of any event organizer - It simply booked the hotel for boarding - The hotel did not work on behalf of the assessee as a contractor - Otherwise every guest whosoever stay in a hotel ought to have deducted TDS while making booking or staying in it – following the decision in The East India Hotels Ltd. & Jaswant Singh Bhatia Versus CBDT and UOI [2009 (3) TMI 8 - BOMBAY HIGH COURT] - section 194 C is not applicable for payments made by the customer to the hotel - the facilities/amenities made available to its customers do not constitute 'work' within the meaning of section 194C of the Act - the circular No.681 dated 8/3/1994 to the extent it holds that the services made available by a hotel to its customers are covered under section 194C of the Act must be held to be bad in law

        Long back, Mr. M Govindarajan has written an article published on taxtmi.com as on 10-2-2010 on this issue explaining various aspects.

        See:-

        M/s. Ratnagiri Impex Pvt. Ltd. Versus Dy. Commissioner of Income Tax - 2015 (1) TMI 354 - ITAT BANGALORE

        NO TAX WAS REQUIRED TO BE DEDUCTED BY A PERSON MAKING PAYMENT TO THE HOTEL FOR AVAILING OF THE FACILITIES/AMENITIES PROVIDED BY THE HOTEL

        TDS under section 194C: payments by customers to hotels for amenities are not treated as contractor payments for withholding. Payments by a customer to a hotel for accommodation, boarding or use of amenities, where no contractor or event-organiser relationship exists, do not constitute 'work' within the meaning of section 194C; accordingly such ordinary guest payments are not subject to TDS under that provision, and administrative guidance treating hotel facilities as contract work is open to challenge.
                    Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                      Provisions expressly mentioned in the judgment/order text.

                          TDS under section 194C: payments by customers to hotels for amenities are not treated as contractor payments for withholding.

                          Payments by a customer to a hotel for accommodation, boarding or use of amenities, where no contractor or event-organiser relationship exists, do not constitute "work" within the meaning of section 194C; accordingly such ordinary guest payments are not subject to TDS under that provision, and administrative guidance treating hotel facilities as contract work is open to challenge.





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                          ActsIncome Tax
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