TDS on Service Tax


(Querist)
04 June 2007
are we to deduct tax on the total bill amount or on the amount net of service tax


Sanjeev Mittal (Expert)
07 June 2007
you have to deduct the TDS on Gross bill amount.

Abhisek Konar (Querist)
08 June 2007
where does it say so in the act

Abhisek Konar (Querist)
08 June 2007
what i know is that , are we to deduct tax on the gross amount or the amount net of service tax.

service tax being the liability of the service provider, should not be liable to tax but the words of the law is not clear in this regard.

Sec 194C tells us to deduct tax on the total SUM paid .

On the other hand Sec 194I tells us to deduct tax on INCOME by a way of RENT and service tax do not fall under the definition of rent.

Sec 194J tells us to deduct tax on the FEES for proff and techn services.

my saying is based on my reading of the act as well as singhnias ready reckoner.

please reffer to the ready reckoner before replying to my querry

would be waiting for a reply


Sanjeev Mittal (Expert)
09 June 2007
you should refer the case of Transmission corp. of AP and others.That will answer your query.

CMA Ankur Pandey (Expert)
27 November 2009
TDS is to be made on amount including service tax


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