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Tds deduction

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(Querist)
05 February 2013 Company deduct Tds on director sitting fees under Section 194J,what amount on which TDS is to be deduct i.e Reverse charge on director Setting fees Service is applicable then TDS is deduct on amount inclusive of service tax or not?
Same query on Advocate Service
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CA PARAS BAFNA

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CA PARAS BAFNA (Expert)
05 February 2013 TDS is to be deducted on the amount credit or paid to the payee @ 10% on sum payable.
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Reverse Charge is paid by the Company to the Govt. and not to the payee.
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In my view, TDS is not required to be deducted on Service Tax under RCM.
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B Ravi Kumar ACMA, MBA, M Com

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B Ravi Kumar ACMA, MBA, M Com (Expert)
06 February 2013 It is the responsibility of Service receiver to pay ST on the above Fee. In both the cases Service provider is not claiming ST in the bills; hence recovery of TDS does not arise on ST. ST is payable separately to Govt by service receiver.
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