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Queries relating to service tax

CA PRAVEEN SINGH (MANAGER ACCOUNTS) (2277 Points)

28 March 2012

MY COMPANY IS TAKEN BUILDING ON RENT FOR BUSINESS PURPOSE.LANDLORD CHARGE SERVICE TAX ON THEIR BILL.

MY QUES IS THAT WHETHER WE SHOULD DEDUCT TDS ON WHOLE AMOUNT INCLUDING SERVICE TAX OR EXCLUDING SERVICE TAX.

URGENT PLZ....

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2 Replies

sadhik basha s (Accountant) (33 Points)
Replied 28 March 2012

TDS on Rent deducted exclude service Tax

CA Bhavik Dave (AM-Finance & A/c) (68 Points)
Replied 28 March 2012

Please refer circular below. TDS is not applicable on service tax component.

Clarification on deduction of tax at source (TDS) on service tax component on rental income under section 194-I of the Income-tax Act

CIRCULAR NO. 4/2008, DATED 28-4-2008

Representations/letters have been received in the Board seeking clarification as to whether TDS provisions under section 194-I of the Income-tax Act will be applicable on the gross rental amount payable (inclusive of service tax) or net rental amount payable (exclusive of service tax).

2. The matter has been examined by the Board. As per the provisions of 194-I, tax is deductible at source on income by way rent paid to any resident. Further rent has been defined in 194-I as

“rent” means any payment, by whatever name called, under any lease, sub-lease, tenancy or any other agreement or arrangement for the use of (either separately or together) any,-

(a) land; or

(b) building (including factory building); or

(c) land appurtenant to a building (including factory building); or

(d) machinery; or

(e) plant; or

(f) equipment; or

(g) furniture; or

(h) fittings,

whether or not any or all of the above are owned by the payee;

3. Service tax paid by the tenant doesn’t partake the nature of “income” of the landlord. The landlord only acts as a collecting agency for Government for collection of service tax. Therefore it has been decided that tax deduction at source (TDS) under sections 194-I of Income-tax Act would be required to be made on the amount of rent paid/payable without including the service tax.

4. These instructions may be brought to the notice of all officers working in your region for strict compliance.

5. These instructions should also be brought to the notice of the officers responsible for conducting internal audit and adherence to these should be checked by the auditing parties.

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