Sky Ltd. took on sub-lease a building from James, an individual, with effect from 1.9.2025 on a rent of 20,000 per month. It also took on hire…

CA Final · Direct Tax Laws and International Taxation · MTP · May 2026
Sky Ltd. took on sub-lease a building from James, an individual, with effect from 1.9.2025 on a rent of 20,000 per month. It also took on hire machinery from Jim with effect from 1.10.2025 on hire charges of 18,000 per month. Sky Ltd. entered into two separate agreements with James for sub-lease of building and hiring of machinery. Examine the obligation of Sky Ltd. with regard to deduction of tax at source in respect of the rent and hire charges.

Suggested Answer and Working Notes:

As per section 194-I dealing with deduction of tax at source from payment of rent, the rate of TDS applicable is 2% for machinery hire charges and 10% for building lease rent. The scope of the section includes within its ambit, rent for machinery, plant and equipment. Tax is required to be deducted at source from payment of rent, by whatever name called, under any lease, sub-lease, tenancy or any other agreement or arrangement for the use of building and machinery, irrespective of whether such assets are owned or not by the payee. The limit of 50,000 p.m. or part thereof for tax deduction at source will apply to the aggregate rent of all the assets. Even if two separate agreements are entered into, one for sub-lease of building and another for hiring of machinery, rent and hire charges under the two agreements have to be aggregated for the purpose of application of the threshold limit of 50,000 p.m. In this case, since the payment for rent and hire charges credited to the account of James, the payee, aggregates to 38,000 p.m. or part thereof (₹ 20,000 +18,000), no tax is to be deductible at source under section 194-I.

Topics: Deduction, Collection and Recovery of Tax

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