05 February 2015
Respected Experts & members i have a doubt regarding deduction of TDS on S.tax Portion. I have a client who is a dealer of printing goods. he got commission from his client for selling his goods ( goods directly sent by manufacturer to customer without dealer involvement, he just got Commission ) and dealer on behalf of manufacturer fill S.Tax return under Business Auxiliary Service. and he raised a invoice of S. Tax to manufacture for same . in which s,tax is levied on commission amount @ 12.36 % separately. and manufacturer pay for the same after deduction tds on gross amount.. I want to know, can he deduct tds on s. Tax portion.?
05 February 2015
But Sir, When i told to my customer about that with reference to Circular no CBDT : 1/2014 dated-13-01-2014 regarding this matter with judgement of Hon'ble Rajasthan High Court dated :- 01-07-2013 in case of CIT (TDS) Vs Rajsthan Urban infrasturucture . They told me that its applicable to only when Service comes under S.194j or S.194I not under other sections. please clarify it, with some reference etc.
05 February 2015
Your customer is referring to circular of 2008 but your ref. of circular 2014 is correct one. See the link. https://www.charteredclub.com/tds-on-service-tax/