Tds-194j

This query is : Resolved

Renjith.R.s.

Renjith.R.s. (Querist)
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28 March 2012 We got a bill which comes u/s.194J. Total bill amount is Rs.27,500/- + Service Tax-2833/-( 30,333/-) ST they are showing seperately in invoice.

Whther we have to Deduct TDS U/S.194J. Because Excl.ST it is below Rs.30,000/-

Please Clarify

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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28 March 2012 Yes TDS is required to be deducted. TDS will be deducted on amount inclusive of service tax.

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.

Renjith.R.s.

Renjith.R.s. (Querist)
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28 March 2012 Thanks......

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