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Tds on service tax payable under reverse charge

This query is : Resolved 
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(Querist)
13 August 2012 Hi

I am little bit confused about the applicability of provisions of sec 194C, 194J, 194I, 195 on service tax payable under Reverse charge because

1.when we are paying service tax under reverse charge then i hope it is not inclusive of the sum paid/ credit given to the contractor/ party as defined in the Sec 194C, 194J and 195.

as service tax is not paid on behalf of the party.

2. When we are making foreign remittance for any service then as per Sec 195 we deduct TDS on amount of remittance and Service tax will be borne by the service receiver under reverse charge and we will not deduct TDS/ Withholding Tax from service tax borne

On point 1 many of the people is of the opinion that TDS is applicable on service tax - under reverse charge

on point 2 All are clear that TDS is exclusive of service tax

Can any one explain me what makes the difference in point 1 and 2
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CA Vikas Kumar Sharma

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CA Vikas Kumar Sharma (Expert)
14 August 2012 No, TDS is not applicable on both the cases.
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