TDS Cum SERVICE TAX
This query is : Resolved
02 July 2008
Dear Sir
We have purchsed a Anti Virus Paper Licence from a firm havind vat registration and service tax registration. He charged Vat 4% and then service tax on whole amount
Example :-
Let Paper Licence Value 100.00
vat 4% 4.00
------
104.00
service tax 12.36% on 104.00 12.85
------
116.85
Now Query is:-
1. Should he charged Service tax on Rs. 104.00 or not, if yes then OK, if not then on what amount he should charged service tax.
2. Should we deducted tds on Rs. 116.85 or not if yes on what amount, if not then is OK.
Please clarify as soon as possible
We have purchsed a Anti Virus Paper Licence from a firm havind vat registration and service tax registration. He charged Vat 4% and then service tax on whole amount
Example :-
Let Paper Licence Value 100.00
vat 4% 4.00
------
104.00
service tax 12.36% on 104.00 12.85
------
116.85
Now Query is:-
1. Should he charged Service tax on Rs. 104.00 or not, if yes then OK, if not then on what amount he should charged service tax.
2. Should we deducted tds on Rs. 116.85 or not if yes on what amount, if not then is OK.
Please clarify as soon as possible
02 July 2008
service tax never be applicable on sale of goods. in your particular case is concern you have purchased (not returnable) licence, so service tax not seems to be applicalbe on that. as TDS is concern, under a sale transaction TDS also not applicable.
02 July 2008
I am also agree with Sanjeev Kumar.
03 July 2008
I do agree with Sanjeev. Further i would like to add one point here:
Service Tax and Vat are mutually exclusive...i.e., when Service Tax is applicable, Vat will not be applicable and vice-versa
Service Tax and Vat are mutually exclusive...i.e., when Service Tax is applicable, Vat will not be applicable and vice-versa
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