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TDS provisions relating to Non residents

Gautam Patel (CA and CWA) (146 Points)

30 July 2009

An assesse being a firm is engaged in construction business and has WIP at the end of the year . Such WIP includes payments made to non resident company for giving technical and professional fees.Now the assessee has borne the service tax and TDS amount . Then whether the TDS should be deducted on bill amount plus service tax or amount excluding service tax .(Bill amount is less than Rs 1 cr)

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2 Replies

CA Manish K Dhoot (CA, B. Com, NCFM, CPCM) (5015 Points)
Replied 30 July 2009

TDS will be deducted on bill amt plus service tax.

Anuraag (CA Student) (44 Points)
Replied 30 July 2009

Originally posted by :Gautam J Patel
"	An assesse being a firm is engaged in construction business and has WIP at the end of the year . Such WIP includes payments made to non resident company for giving technical and professional fees.Now the assessee has borne the service tax and TDS amount . Then whether the TDS should be deducted on bill amount plus service tax or amount excluding service tax .(Bill amount is less than Rs 1 cr)	"

Hey Gautam... As per Notification No. 30/2009 [F. No. 142/19/2007-TPL]/S.O. 857(E), dated 25-3-2009... this is with effect from 01.07.2009.... Ur assessee has to file FORM 15CA electronically... after getting Form 15ca rcertification from the chartered accountant... the tds has to be deducted as per rates in i.t or the Double taxation avoidance agreement with that country whichever is beneficial to the receipient.... so pls go through this point also... and also u have to deduct the tds including service tax as the is no notification as such for other paymenys except rent...