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TDS query for service tax on Rent of Note counting MAchine

This query is : Resolved 
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(Querist)
15 December 2008 We have received a bill for payment of rent of Note Counting MAchine from a Business & Computer System Shop. So TDS will be deducted under 194I for Plant & Machinery. But They have charged Service tax on it but the service tax Regisdtration No & category provided is of Reapir & MAintenace.

As TDS on Service tax of rent is not liable to TDS but the category of service is repair & maintenace so Should we deduct TDS on Service TAx or not under 194I?

Please advice.

Thanks
Yogesh Modi
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SUBRAMANIA SARMA G

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SUBRAMANIA SARMA G (Expert)
15 December 2008 Dear Mr Yogesh

Why do you worry about the service tax registration of the supplier. The transaction with you is the rental of the equipment to you and hence deduct TDS applicable to the Rental of machinery. If you have doubt deduct on the whole amount of the bill and issue the TDS Certificate
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Bhaskaran Chackrapani Warrier

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Bhaskaran Chackrapani Warrier (Expert)
15 December 2008 Continuing Sharma, Pl deduct TDS on the gross bill amount.
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Yogesh Modi

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Yogesh Modi (Querist)
15 December 2008 Thanks A lot.
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