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Tds on rent

This query is : Resolved 
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(Querist)
09 July 2012 Dear All

My company is using Photo copier machine on rent. We are paying rent on monthly basis. The vendor is raising bill for rent & also he is charging on per copy basis with VAT. My query is on what basis I do have to deduct TDS. I was deducting TDS on Rent only. Whereas the vendor is saying that it has to be on whole bill amount.

Please clarify.
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CA PRAVEEN SINGH

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CA PRAVEEN SINGH (Expert)
09 July 2012 TDS is not applicable on Service Tax on rent :TDS on service Tax on rent is not applicable .


[Circular No. 04/2008 dated 24.04.2008]
SERVICE TAX IN NOT INCLUDED BUT NOTHING SAYING ABOUT VAT.SO THAT VAT IS INCLUDED WHILE DEDUCTING TDS.
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CA Prashant Gupta

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CA Prashant Gupta (Expert)
09 July 2012 Dear Bhavesh
if there is only one bill for rent and copy chareges then you must deduct TDS on full bill amount. If there is separate bill then you will deduct TDS only on rent not on copy charges on which he is using VAT.
delhi Appellate Tribunal in ITOv Dr. Willmar Schwabe india p ltd 2005 3 SOT 71
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