01 August 2018
Thanks Mr Warrier for the reply. While the TDS charge is on transaction value, but is TDS applicability also on transaction value ? My builder is not agreeing on deducting the TDS, hence I want a strong case to put forward my case. Any case laws on this will also suffice.
Section 194IA says consideration to exceed Rs 50 Lacs for TDS applicability.
02 August 2018
As per CBDT Clarification, through Circular No. 23/2017 that if GST on services has been indicated separately in the invoice, then no tax would be deducted on GST component. Taking into light this clarification, if GST Portion is indicated separetly, you are not required to Deduct TDS on that Component.
06 August 2018
Section 194IA mentions that 'consideration' paid to transferor should exceed Rs 50 Lacs.
Is there any definition in Income tax Act or Indian Contract Act, which has reference (any circular/case law) stating that indirect taxes paid to transferor is not part of 'consideration' value
09 August 2018
Experts, please help. Need a circular or case law or any reference from income tax act or Indian contracts act which states that taxes are not part of consideration value
20 August 2018
Experts kindly help. Plain reading of Sec 194IA reads "... Person responsible for paying 'any' sum by way of consideration... " Here the word used is 'any' which can include taxes. Also there is a circular which states that TDS is payable even on 'reimbursement' . Taking both these into account, is TDS applicable in the above scenario.
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