07 August 2007
While making payment U/S 194C(contracts) Whether TDS to be made inclusive of service tax. Sec 194C says TDS to be made on either the amt credited or paid which ever is earlier.
08 August 2007
There is difference of opinion on this issue but for saferside it is always better to deduct tax on total invoice value instaed of before Service Tax. Some are of the view that Service Tax is not an expenditure as it is charged by service provider and deposit to Govt.
08 August 2007
the notification of service tax has cleared it that for the expenses u/s 194C and J tds will be deductd inclusive of service tax as they consider gross amount paid.
Now the same view is inserte in the Finance Act 1994(amended).
Can check the service tax chargeability section for this
08 August 2007
I NOT AGREE WITH VIEW.TDS IS TO BE DEDUCTED ON NETT VALUE OF THE CONTRACT SUPPOSE WORK DONE 100000 TDS 10.24 % 1024 PAYMENT 100000 SERVICE TAX 12.36 @ 1236 SERVICE TAX AS WHOLE IS TO BE DEPOSITED IN GOVT ACCOUNT AND THIS AMOUNT HAS NO CONNECTION TO GET DEDUCTION.
10 August 2007
this is a debatable issue which has been discussed over here on various occassions. i personally feel that tax is to be deducted on the net amount but to be on a safer side its better to deduct tax on the gross amount.
CAclubindia
