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Tds on rent

This query is : Resolved 
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(Querist)
22 September 2011 Respected Sir,

TDS TO BE DEDUCTED ON GROSS AMOUNT ON NET AMOUNT FOR E.G.

NET AMOUNT 145000/-
SERVICE TAX @10.3% 14935/-
--------
GROSS AMOUNT 159935/-

lESS : - TDS 10% 15994/-


NOTE : - AS PER MUMBAI HIGH COURT JUDGEMENT TDS TO BE DEDUCTED ON NET AMOUNT NOT IN GROSS AMOUNT:

Please suggest me.

Thanks
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CA Siddhartha Bhardwaj

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CA Siddhartha Bhardwaj (Expert)
22 September 2011 If the payment is for rent covered u/s 194I, then TDS is to be deducted only on the rent portion excluding service tax.

However, for payments made to a CA(194J), TDS is required to be deducted on the total invoice amount, including service tax.
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Bhaskaran Chackrapani Warrier

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Bhaskaran Chackrapani Warrier (Expert)
22 September 2011 As per CBDT CIRCULAR NO. 4/2008, DATED 28/4/2008, income tax is to be deducted on the rent element only.
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CA Pushpendra Gaur

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CA Pushpendra Gaur (Expert)
29 September 2011 Mr warrier is absoluty right tds to be deducted on service value only
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