Tds on consultancy
This query is : Resolved
CA Chintan Parikh
(Querist)
27 July 2010
Dear Sir,
If I paid consultancy of Rs. 370000+ service tax 38110 than in which amount Tds Applicable On 370000/- or 408110(370000+38110)
If I paid consultancy of Rs. 370000+ service tax 38110 than in which amount Tds Applicable On 370000/- or 408110(370000+38110)
27 July 2010
TDS TO BE DEDUCTED U/S 194J ON RS.408110/-
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 section 194J.
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 section 194J.
27 July 2010
also if u could read the section 194J and 194C it says "any payment made to". on the other hand 194I starts with "any income". payment includes service tax while income does not....
so in ur ques it would be with service tax
so in ur ques it would be with service tax
Nirpendra Singh
(Expert)
27 July 2010
TDS should be deducted on Rs 408110 including service tax as per section 194J.
It would be treated as professional charges.
It would be treated as professional charges.
27 July 2010
TDS should be deducted on the whole amt i.e 408110/-
Agreed with Mr. Sanjay, "NO TDS on Service Tax" : this clarification , till date, is being given for rental payments under 194 I only.
Though this logic stands true for other sections also but as of now there is no such clarification.
Agreed with Mr. Sanjay, "NO TDS on Service Tax" : this clarification , till date, is being given for rental payments under 194 I only.
Though this logic stands true for other sections also but as of now there is no such clarification.
Ca Aashish Upadhyay
(Expert)
27 July 2010
Agree!
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