cess on TDS as per budget 2009

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seema singla (Querist)
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07 July 2009 (1) In the budget 2009, it is said that there is no need to put surcharge and education cess on TDS on non-salary payments. Am I right?
Does it mean that under any section of TDS we need not apply surcharge and education cess?????????????
(2) On the last day, it is shown on the news channel that there is no service tax on the fee of CA. Is it true? I could not find anywhere in the budget.

Please calarify the above.
Thanx a lot.

DHANANJAY R

DHANANJAY R (Expert)
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07 July 2009 1)It is correct that the only surcharge is abolished in case of the non corporate assesse and not education cess.

But when the payment is suppose to be made to corporate assesse the surcharge as well as the education cess is applicable for the TDS Purpose

2)The second question is not clear, but my understanding is that u r talking abt the practicising CA, so in that case there is no amendment for exclusion of service tax from the service fees payable to a CA.
Amendment is made for the lawers (who are not individuals and providing services to corporate assesses and not to any individuals) then they are liable to charge service tax in their bill.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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07 July 2009 Service tax on lawyers is applicable only
for the services such as advise,consultancy and technical assistance provided by lawyers. But if the service provider or service receipant are individuals then service tax is not applicable to such lawyer.

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