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TDS on Consultancy

This query is : Resolved 
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(Querist)
03 December 2009 Just wanted a quick clarification.

Once deducting TDS on a Consultancy Bill will TDS get deducted including the Service Tax amount or excluding the same.

Kindly advice and thanks in advance.
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CA Chandra Kishore Bajpai

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CA Chandra Kishore Bajpai (Expert)
03 December 2009 It should be inclusive of service tax amount because in section 194J wording is " for paying....Any sum by way of ......."
thus whatever "sum" is being paid is liable for TDS
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Shyam Lal Naik

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Shyam Lal Naik (Expert)
03 December 2009 Sir,

It shall be including Service Tax.

The only exception to the above rule is service tax on "renting of immovable property", in view of specific clarification by the CBDT.
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Murtaza I Bhagat

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Murtaza I Bhagat (Expert)
03 December 2009 TDS is on Exclusive Amount which your going to Pay (including Service tax)
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