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TDS on Rent

This query is : Resolved 
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(Querist)
10 January 2010 Is TDS on rent calculated including Service Tax in rent??

I am aware that Service tax is to be excluded for the purpose of calculating TDS on Rent, but have come across situations where the TDS is Deducted on rent Including Service tax.

Plz throw some light referring notification?

thanks & regards

Piyush
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Ram Avtar Singh

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Ram Avtar Singh (Expert)
10 January 2010 In Case of rent No TDS on Service Tax. in other case TDS to be deduct on Gross amount of Bill.
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ANIL JANGID

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ANIL JANGID (Expert)
10 January 2010 agreed with experts.
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Bhaskaran Chackrapani Warrier

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Bhaskaran Chackrapani Warrier (Expert)
10 January 2010 In the case of rent income tax need to be deducted on rent element alone vide CBDT Circular 4/2008 dated 28/04/2008.
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CMA Ramesh Krishnan

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CMA Ramesh Krishnan (Expert)
10 January 2010 we need to deduct tds rent excluding service tax
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Murtaza I Bhagat

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Murtaza I Bhagat (Expert)
11 January 2010 agree with all experts
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Piyush Newar

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Piyush Newar (Querist)
14 January 2010 Thank You Experts..:)
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Manikanta Raju CA,CWA,(CS)

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Manikanta Raju CA,CWA,(CS) (Expert)
18 January 2010 Department has given a clarrification which clearly states that TDS is not required to be deducted on the element of service tax.
Where in the case of TDS u/s 194J TDS is to be deducted on the element os service tax, since the section say any sum buy way of ......
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Manikanta Raju CA,CWA,(CS)

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Manikanta Raju CA,CWA,(CS) (Expert)
18 January 2010 Department has given a clarrification which clearly states that TDS is not required to be deducted on the element of service tax.
Where in the case of TDS u/s 194J TDS is to be deducted on the element os service tax, since the section say any sum buy way of ......
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