07 June 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.
Therefore...
Deduct TDS u/s 194I on amount excluding service tax.
For deduction under other section deduct TDS on amount including service tax.