TDS ON SERVICE TAX COMPONENT OF COMMISSION

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Yajuvendra Rawat (Querist)
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28 January 2010 Dear Sirs & Friends,

We have a Brokerage & Commission bill which includes Service Tax component. My query is whether i should deduct TDS on the whole bill or whether i should deduct TDS on the amount excluding Service Tax.I had read Income Tax Act 2009 which states that any (INCOME) paid by the way of Brokerage & Commission should be made taxable U/s 194H. I had a discussion for the same with our CA, but he has a different opinion, according to him there is no specific provision provided in Income Tax act 2009 for the waiver of ST unlike in the case of rent where there is a specific provision provided for waiver of ST in case of TDS deduction. Please help me

CA Prashant Gupta

CA Prashant Gupta (Expert)
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28 January 2010 No, you have to deduct TDS on brokerage and commission bill.
Only u/s 194I CBDT issued circular to not deduct TDS on service tax.
brokerage and commission is u/s 194H so you have to deduct TDS on full bill i.e. commission + service tax

Yajuvendra Rawat

Yajuvendra Rawat (Querist)
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28 January 2010 Thank You Sir

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