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TDS on Clearing & Forwarding Charges

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Querist : Anonymous

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Querist : Anonymous (Querist)
24 March 2010 Sir,
We have received debit note from our clearing & forwarding agent which is as follows:-
IHC 136086
D.O Fee 2500
Manifestation 1500
Cleaning Charges 2000
LOLO 1400
CMC 140
Service tax 10.30 14794
------
Total 158420/-

On what amount we should deduct & under which section of Income tax.
Thanks
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Anurag Agarwal

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Anurag Agarwal (Expert)
24 March 2010 Deduct the Tax on the whole amount 158420/- under section 194C.....as the section says .....Any Sum paid....which will include the service tax also
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CMA. CS. Sanjay Gupta

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CMA. CS. Sanjay Gupta (Expert)
24 March 2010 TDS SHOULD NOT BE DEDUCTED ON SERVICE TAX AMOUNT AS IT NOT INCOME OF DEDUCTEE. TDS SHOULD BE DEDUCTED ON AMOUNT EXCLUDING SERVICE TAX.
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Anurag Agarwal

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Anurag Agarwal (Expert)
24 March 2010 Under Section 194J and 194C TDS to be deducted including Service tax.
This is as per the clarification from the department. As both these section starts with the the line any sum paid.......which includes even reimbursements and service tax.
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Murtaza I Bhagat

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Murtaza I Bhagat (Expert)
24 March 2010 yes agree with anurag u/s 194I where only tds deduction excluding st.
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CA Prashant Gupta

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CA Prashant Gupta (Expert)
24 March 2010 tds will be on full amount.
only 194 I (for rent) is the section in which TDS will be deduction without service tax.
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CA Ashok Kumar Sahu

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CA Ashok Kumar Sahu (Expert)
25 March 2010 agree
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