Is tds payble on Service tax

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

05 January 2010 Dear
My query is if B party is billing expenses alongwith service tax to A company can A company Deduct TDS on expnses as well as on service tax while paying or to pay bill without deducting TDS on service tax and give ref section with support of this explanation

Querist : Anonymous

Querist : Anonymous (Querist)

CA.SHAHZAD SAYYED

CA.SHAHZAD SAYYED (Expert)
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05 January 2010 Dear
Service Tax is not your Receipt/Income, you collect the service tax on behalf of Central Government that mean you play the role of intermediary therefore there is no TDS on Service Tax Amount,
there is Special Notification for this in Mar or Apr 2009, you can see on Service Tax web site

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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06 January 2010 Income tax is to be deducted on the entire bill amount (inclusive of service tax) except in the case of rent. In the case of rent income tax need to be deducted on rent element alone vide CBDT Circular 4/2008 dated 28/04/2008.

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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06 January 2010 TDS is to be deduct including service tax except rent

Jagdish Bhalia

Jagdish Bhalia (Expert)
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07 January 2010 TDS to be deducted on entire bill (inclusive of service tax) except in case of rent. In case of rent TDS not to be deducted on service tax vide circular no. 4/2008 dated 28.04.2008

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