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service tax & tds

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(Querist)
27 June 2009 Dear Colleaues,

If there is no service rendered as provided under the act,is service tax payable simply because payer has wrongly deducted tds u/s 194j?

regards
c.a.paresh zatakia
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CA.Tarun Maheshwari

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CA.Tarun Maheshwari (Expert)
27 June 2009 No. Both are different laws. Service tax is payable only if the service provided is covered under the profiles of services given in Service Tax Act. Deduction of TDS does not make it compulsory to charge service tax.
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