Sec 194j

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

13 January 2012 TDS Dedctable on Profe.Fee.

Wether deduct on including Service Tax and Cess or excluding Swervice tax and cess

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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13 January 2012 TDS to be deducted on amount Inclusive of service tax and cess i.e. on Total Bill Amount.

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.

In short--
For 194I - Deduct TDS on amount excluding service tax.
For other section - Deduct TDS on amount including service tax.

CA Deepak S

CA Deepak S (Expert)
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13 January 2012 TDS @10% has to be deduct from the whole bill amount

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