TDS on service tax paid

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Pawan Jaju

Pawan Jaju (Querist)
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12 April 2009 Whether TDS needs to be deducted on the service tax amount for rent paid for commercial premises?

Shyam Lal Naik

Shyam Lal Naik (Expert)
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12 April 2009 No.
CBDT has issued a circular. It is stated that, Service Tax on Rent, not being in the nature of Income in the hands of the landlord, is not exiligible to TDS u/s. 194I.

However, in the absence of any exemption, TDS needs to be deducted on service tax as well, in any other case.

CA Devanshi Gandhi (Ajani)

CA Devanshi Gandhi (Ajani) (Expert)
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12 April 2009 TDS is not to be deducted on the service tax amount

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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12 April 2009 Pl refer CBDT Circular no 4/2008 dated 28/4/2008 for the full details regarding the issue raised.

Jitender

Jitender (Expert)
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12 April 2009 tds not to be deducted.

CA Nitin Wadhwani

CA Nitin Wadhwani (Expert)
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13 April 2009 No.

CA Nitin Wadhwani

CA Nitin Wadhwani (Expert)
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13 April 2009 No.

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