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By :
santosh
article
[ Scorecard : 77]
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ON : 5/24/2007 6:20:11 AM
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can any one please clearify me
1) TDS on a bill of a professional should be charged on the net billing amount or the amount including the service tax. please give reference to section or circular please.
e.g) bill--> 10000, service tax-->1224(old rate).
so tds should be deduted for 10000, or 11224.
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By :
Taroon Sharda
Job
[ Scorecard : 119]
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ON : 5/25/2007 12:18:22 AM
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Tds to be deducted on the whole amount i.e including service tax.
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By :
Satyaranjan Jena (Guest)
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ON : 5/26/2007 3:59:58 AM
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Refer Circular No.93. Case law- Accent Cement Ltd V CIT
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By :
santosh
article
[ Scorecard : 77]
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ON : 5/26/2007 7:55:43 AM
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that is very nice of you thank you
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By :
AJAY GUPTA (Guest)
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ON : 9/5/2007 5:50:24 PM
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1) TDS on a bill of a professional should be charged on the net billing amount or the amount including the service tax. please give reference to section or circular please.
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By :
sanjeev
C.A(Tax Consultant)
[ Scorecard : 75]
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ON : 10/8/2007 3:19:29 PM
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TDS will be deducted on the gross amount of bill inclusive of service tax this is given in dolphy desouza's book in recently asked questions. There is a latest amendment made in this regard by a notification also that is of in auguest 2007.
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By :
Ramesh
[ Scorecard : 477]
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ON : 10/8/2007 5:09:43 PM
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It is clarified by ICAI also that TDS is to be made on the gross amount and not on the net amount
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By :
Goutam (Guest)
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ON : 12/3/2007 10:15:09 AM
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TDS to be deducted on gross payment i.e. including Service tax not net pmt.
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By :
Vk Duggal
[ Scorecard : 307]
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ON : 12/4/2007 3:20:37 PM
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In tax deduction there is no exemption given under which TDS is not to be deducted on service tax or works contract tax.
TDS is to be deducted on whole value of service/work and service tax or any other tax included therein
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By :
pushkraj (Guest)
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ON : 12/5/2007 3:37:13 PM
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Then what is the meaning of the words used in Section 194J which are as follows:"Any person......shall,at the time of credit of such sum to the account of the payee or at the time of payment thereof in cash or by issue of a cheque or draft or any other mode,whichever is earlier,deduct an amount equal to ten per cent of such sum as income tax on INCOME comprised therein.Does it mean Net Fees only or Service Tax also.Is the amt of Service Tax an INCOME of the professional ? I beg to differ with all the above participants.Please reproduce the amendment or the decision as pointed out.
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By :
Vk Duggal
[ Scorecard : 307]
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ON : 12/7/2007 3:25:51 PM
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CBDT has clarified in its letter No. 275/31/2007 dated 08.08.2007 that TDS is to be deducted on service tax or any tax.
The reply was given by CBDT in response to an application filed under RTI by Mr. Vishal V. Sharma seeking clarification whether TDS should be deducted on service tax on rent or not.
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By :
pushkraj (Guest)
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ON : 12/7/2007 3:57:54 PM
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You are referring to a letter from CBDT.What is the validity of a letter from CBDT which is extra legal.Can the CBDT go against the Act? The provisions of the Act should be interpreted by the judiciary only.Interpreting the provisions of the Act is not under the perview of RTI. Ok.Mr. Duggal I value your effort of replying to my query.
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By :
guptha (Guest)
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ON : 12/12/2007 1:34:20 PM
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tds should be deducted opn gross amount not only in professional in other services also.since we are deducting tds only for services rendered we are deduting tax at source
thanking you
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By :
guptha (Guest)
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ON : 12/12/2007 1:36:16 PM
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CAN ANY ONE PLEASE CLARIFY WETHER TDS ON USAGE OF TEST TRACK WILL COME UNDER GENERAL CONTRACT OR PROFESSIONAL
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By :
guptha (Guest)
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ON : 12/12/2007 1:51:47 PM
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HIRING OF TEST TRACK WILL COME UNDER RENTAL OR GENERAL CONTRACT
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By :
anand parekh ca (Guest)
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ON : 12/14/2007 3:58:13 PM
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my point of view tds should be deducted on gross amount( including service tax + education cess ). view circular no.715 dt 08/08/1995 and also clarification via f.no.275/31/2007-it(b) dated 08/08/2007
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By :
CA. O.P. Agarwalla
C.A.
[ Scorecard : 1156]
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ON : 12/15/2007 1:08:32 PM
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With due respect to all the comments and CBDT Circulars, I would like to submit that-
Section 194J says deduction of Tax (TDS) is to be made a person, who is reponsible for paying any sum by way of fees fo professional sevices on such sum. Now, my point is this that the section it self is clarifying that the phrase "such sum " on which the Tax is to be deucted is the amount of "sum paid as fees". (Better to distingusih between the language used in section 194C and 194J- Under section 194C tax is deductible on any sum paid for carrying out any work, where is under section 194J tax is deductible on any sum paid as fees for professionl services).
Can we say that the service tax charged on professional service is fees for professional services? It is simply not. Professionl fees can not be set off as CENVAT, but service tax paid can be. Service tax may be part of the total receipt of the service provider, but for service receiver, service tax is not professional fees.
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By :
pushkraj (FCA) (Guest)
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ON : 12/15/2007 4:58:33 PM
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Absolutely, Mr.Agarwalla I fully endorse your views.Moreover the CBDT has no power to issue any circular in this regard.If it issues such a circular it would not be binding upon the assessee.The assessee will be bound only by the plain meaning of the Act,judicial pronouncement and amendments to the Act(if constitutional).Tax can not be deducted on the amount of Service Tax by any stretch of imagination.
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By :
Itti Aggarwal (Guest)
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ON : 12/20/2007 10:17:53 AM
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in case of service tax on rent & telephone exp. brokerage, postage etc. the same assumption will be followed or not i.e tds will be deducted on a total bill.
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By :
indukumari (Guest)
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ON : 12/28/2007 10:44:27 AM
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