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TDS ON Dedicated Server

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Querist : Anonymous

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Querist : Anonymous (Querist)
22 July 2010 Hi

We Provide Dedicated Server ,One of our client is want to deduct TDS on Whole Amount
We are charging Rs 8000 + 10.30 service tax
Total Amount : Rs 8824.

His CA Said TDS will be deducted on 8824 not on 8000.

is he correct ?

Also We are Service provider like Airtel or bsnl & server are unmanaged (Witout human Interface) as per supreme court Order & located at USA.

So I think They dont need to Deduct TDS.
Am I Right ?

Here is reference of court cases & TDS Document

Please read & confirm

https://www.easy-share.com/1911411980/TDS.pdf

https://www.easy-share.com/1911411981/TDS_Case_1.pdf

https://www.easy-share.com/1911411983/TDS_Case_2.pdf
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CMA Ramesh Krishnan

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CMA Ramesh Krishnan (Expert)
08 August 2010 yes. you are correct, TDS is not applicable for this transaction
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