TDS on Service TAx

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This query is : Resolved

Sidharth Jain 982156215 (Querist)

21 April 2009 whether tds is deductible on service tax element of bill, in case of profession fees.....?
And if client is deduct tds on net amount them is it required to disclouse in 3cd report?

CA.ViVeK M ACA

CA.ViVeK M ACA (Expert)

21 April 2009 TDS would be applicable on service tax element of the bill.

Brij Bhushan Sangal

Brij Bhushan Sangal (Expert)

21 April 2009 Dear sidharth,

As supreem court confirm in case of 194I tds on rent only and not include service tax element as court says in their judgement that service tax is not income of landlord that only collecting on behalf of goverment. This judgement may be applie other service also.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)

21 April 2009 The view of Mr Vivek is the correct reply to the query raised.

Short deduction of TDS,in this case, may be reported in Form 3CD,more specifically,in clause 27(b)(ii).

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