Tds

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pulkit kahlya (Querist)
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26 February 2012 IS TDS DEDUCTED ON GROSS AMT OR NET AMT...???
I.E
C.A. FEES 100000
SERVICES TAX 10000
EDU CESS 300

TOTAL 110300
IS TDS DEDUCTED ON 110300 OR 100000
HELP ME FRNDZ...........

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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26 February 2012 TDS to be deducted on Rs 110300/-

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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pulkit kahlya

pulkit kahlya (Querist)
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26 February 2012 TY U SIR 4 GIVING SUCH GUD REPLY

pulkit kahlya

pulkit kahlya (Querist)
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27 February 2012 sir whts yr mean by rental payment .....is it include hire charges .........??????

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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27 February 2012 Yes Rental Payment Include hire charges. If TDS deducted u/s 194I it should be on amount excluding service tax.

pulkit kahlya

pulkit kahlya (Querist)
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27 February 2012 if company deduct tds on service tax in hire charges(contract ho rakha h) toh kya hoga

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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27 February 2012 No problem will arise the deductee will get the credit of deducted TDS amount.

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