Tds

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Dhanraj Jeyakumar

Dhanraj Jeyakumar (Querist)
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08 September 2011 is TDS to be deducted in service tax part also in case of Rent?
please advice..

CA Anjali Aswal

CA Anjali Aswal (Expert)
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08 September 2011 If u r claiming cenvat credit of service tax than no need of TDS as TDS is applicable on expense.

Dhanraj Jeyakumar

Dhanraj Jeyakumar (Querist)
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08 September 2011 thank you..

CMA Ashutosh Kumar Gupta

CMA Ashutosh Kumar Gupta (Expert)
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08 September 2011 No, not to be done on service tax component per IT Circular of 28.4.08, circular no.4

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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08 September 2011 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.

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