Tds on entire bill

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

28 June 2012 SIR, ONE OF MY CLIENT DOING THE LOGISTICS BUSINESS, SUBMITS THE BILL TO PARTIES, WHEREIN HE IS CHARGING SERVICE TAX, THE PARTY IS DEDUCTING THE TDS ON THE ENTIRE BILL, IS IT CORRECT? OR THEY HAVE TO DEDUCT TDS ON THE BILL SANS SERVICE TAX?

PL PROVIDE ME THE PARTICULAR CIRCULAR TO SUPPORT THE CLAIM

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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28 June 2012 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 other sections.

In short--
For 194I - Deduct TDS on amount excluding service tax.
For other section - Deduct TDS on amount including service tax.

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