Not at all. TDS should deduct on gross value. Ex: Contract gross value 100000.00 S Tax 15% ie. 15000.00. Now TDS should deduct on 100000.00, not 115000.00.
Good Explain Ankur Sir,
But I think you should also say some state like under:
1. If service tax charge and show separately in invoice than you need not deduct tds on service tax value, but if service tax do not show separately in invoice than you should deduct tds on gross value of invoice.
Let’s take a look at a little longer answer to understand how TDS is to be deducted on a bill when service tax is to be paid. Let’s suppose you employed someone’s services and you have to make a payment of Rs 50,000 for the same. Since the payment is above the threshold limit of Rs 30,000 per bill, TDS needs to be deducted on it. But the service provider has charged 14% service tax and 0.5% Swachh Bharat Cess, so the billed amount has come to Rs 57,250.
In such a case, the bill would be broken down as:
Service Fee 50,000 Service Tax 7,000
Swachh Bharat Cess 250
Total 57,250
Now, do you deduct TDS on Rs 50,000 or Rs 57,250 before making the payment?
TDS would be applicable only on Rs 50,000. That is, only on the actual income of the service provider. The service tax is tax that the provider will pay to the government. Hence, it is not the provider’s income. And TDS is tax that is deducted at source on income.
Therefore, TDS at the applicable rates would have to be deducted on the basic amount exclusive of the service tax only.