Tds on service tax

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Rahul Prasad (Querist)
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27 July 2014 Dear Sir/Mam,
What is the provision of TDS on that payment in which service tax is included.
Ex- If a bill amounted of Rs 10000+1236(service tax)Then In which amt TDS will be deducted either 11236 or Rs 10000.
Plz send also provision.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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27 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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