TDS [Resolved] | Income Tax #452675

This query is : Resolved

biswojit (Querist)

06 August 2010 Namste to All!

I have an querry.Though it's old one, but kindly clear me as per recent laws,notifications or circulars.

Q-Whether TDS shall be deducted on basic value or gross value of a bill.

Case 1 -Professional Fees + service tax(in case of taking input credit and not taking credit)= Gross value

Case 2-Other service charges + Service tax (if taking credit and not taking credit)

Case 3- Rent charges + service tax(if taking credit and not taking credit)

As per my view in case 1 & 2 TDS shall be deducted on Gross value(whether taking input credit or not).But in case 3 the TDS shall be deducted on basic value only as per CBDT circular.

pleae reply urgently.

regards
Biswojit

CA Sanat Pyne

CA Sanat Pyne (Expert)

06 August 2010 CASE 1 TDS WILL BE DEDUCTED ON GROSS VALUE.

CASE 2 - ON GROSS VALUE

CASE 3 ONLY ON RENT
FOR BETTER CLARIFICATION
VISIT

https://www.simpletaxindia.org/2008/08/tds-on-service-tax-us-194-j-on.html

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)

06 August 2010 you are correct

Refer these

for Point No. 1 & 2
circular F. NO. 275/73/2007IT(B) dated 30-6-2008.

For point no.3
CIRCULAR NO 4/2008 , Dated: April 28, 2008

VINOD ARORA

VINOD ARORA (Expert)

06 August 2010 Except for rent payments, TDS is deducted on gross amounts paid including taxes. Availing input credit does not affect the amount on which TDS is to be deducted.