In a bill for service charges the party charges service tax. We have to deduct tds against that bill. So whether the tds is to be deducted on the amount of service charge only or on the amount of bill inclusive of service tax.
26 May 2007
There is no written statement on your querry as there is nothing in the ACT as well as there are no reported cases on the captioned querry. This is my personal opinion based on the language in Section 194J. Section 194J provides that any person responsible for paying any sum by way of fees for professional or technical service shall deduct TDS. Section put emphasis on "any sum by way of fees".In my opinion It does not include any sum other than fees. My opinion can not be supported unless any Court cases comes.
02 July 2007
Logically TDS should be deducted from the service charge only.But it is nowhere written that it should be so deducted. Therefor in my view whatever amount is credited to the account of the payee, TDS should be deducted on that and therefore TDS will be deducted on the total of service charge and service tax because that is the total amount credited to the account of the payee in the books of the payer.