tds on service tax on rent paid

This query is : Resolved 

19 July 2011 My question is whether TDS will be deducted on rent inclusive of service-tax or without service-tax.

Tell me the recent and latest circulation of deptt in this regard.

Ca Naveen

19 July 2011 Tds will not be deducted on service tax on rent.

Refer to Circular No. 4/2008, dated 28.04.2008

19 July 2011 As per Circular No.4/2008 dated 28.4.2008, it was clarified that TDS on rental payments would be required to be made only on the basic rental amount without including service tax. In other words, TDS should not be made on the service tax portion of the rent. However, this analogy is not applicable to TDS under other sections.

In Short---

In case of TDS on Rent u/s 194I, TDS to be deducted on amount excluding service tax.

In case of other sections TDS to be deducted on amount inclusive of service tax.


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