19 September 2013
You are referring to the case of Commissioner of Income Tax (TDS), Jaipur Vs. M/s. Rajasthan Urban Infrastructure [2013 (8) TMI 12 – RAJASTHAN HIGH COURT] on the issue of "Whether TDS is to be deducted on the amount of Service Tax charged on professional/ technical fees under Section 194J of the Income Tax Act, 1961?".
But still there is no clarification on this matter by CBDT. If the revenue does not file a appeal in Supreme Court and accepts the Judgement of Hon'ble Rajasthan High Court then only we can take shelter under this Judgement.
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.
2)Even though recent court held tds not applicable on professonal services also,,As of now no official CBDT Announcemnet,, . . So mandatory to deduct tds,,revenue may appeal on this decision.. . . So deduct tds on service tax of professional services
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