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querry for tax

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Querist : Anonymous

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Querist : Anonymous (Querist)
08 May 2011 sir
TDS on service tax on rent and professional charges should be deducted or not, if not then tell the section
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CMA. CS. Sanjay Gupta

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CMA. CS. Sanjay Gupta (Expert)
08 May 2011 TDS TO BE DEDUCTED ON BILL INCLUSIVE OF SERVICE TAX.(EXCEPTION SEC 194I)

As per Circular No.4/2008 dated 28.4.2008, it was clarified that TDS on rental payments would be required to be made only on the basic rental amount without including service tax. In other words, TDS should not be made on the service tax portion of the rent. However, this analogy is not applicable to TDS under other sections.
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CA. Krishna K Neeraj

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CA. Krishna K Neeraj (Expert)
09 May 2011 TDS on rent should be on the amount of rent excluding service tax whereas in case of TDS on professional fee, TDS should be on the amount of professional fee including service tax.
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