Tds on service tax

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tarun Hassija (Querist)
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16 July 2014 Is tds u/s 194c applicable on service tax portion of the bill? for e.g. If i use the services of labour from a party of rs 112360; and the bill is clearly bifurcated into 100000 rs and service tax of 12360; how much tds should I deduct; On 112360 or on rs 100000?

Sandeep Dharar

Sandeep Dharar (Expert)
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16 July 2014 No Tarun TDS will b deducted exclusive of ST.

In ur case u have to deduct it on the Gross Amount i.e, Rs. 100000/-

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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16 July 2014 TDS to be deducted on amount excluding service tax. The CBDT has issued Circular No. 1/2014 dated 13.01.2014 pointing out that the Rajasthan High Court has taken the view in CIT(TDS) vs. Rajashthan Urban Infrastructure that if as per the terms of the agreement between the payer and the payee, the amount of service-tax is to be paid separately and was not included in the fees for professional services or technical services, no TDS is required to be made on the service-tax component u/s 194J of the Act. Pursuant thereto, the CBDT has decided in exercise of powers u/s 119 that wherever the terms of the agreement/ contract between the payer and the payee, the service tax component comprised in the amount is indicated separately, tax shall be deducted at source under Chapter XVII-B of the Act on the amount paid/payable without including such service tax component. Complete notification may be seen from below link--

https://law.incometaxindia.gov.in/DIT/Circulars.aspx

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