Tds-service tax
This query is : Resolved
Kishan Vaidya
(Querist)
01 May 2012
IS TDS DEDUCTED AFTER ADDING SERVICE TAX??BCOZ I HAD VOUCHED SO MANY VOUCHER IN WHICH TDS DEDUCTED AFTER SERVUCE TAX ADDING......so THERE IS DOUBLE TAX...TAX ON TAX!!!!!!!!
mahak katyal
(Expert)
02 May 2012
Depends on the language of section under which tds is deducted.
Eg : TDS on Rent specifically says that TDS should not be deducted on the service tax element.so TDS would be deducted on only the rental amount
Eg TDS on professional servidces u/s 194j says..TDS should be deducted on the receipt. hence,TDS would be deducted on the service tax element too in this case
Hence,whenever yu deduct TDS,read the concerned section and apply accordingly!
Eg : TDS on Rent specifically says that TDS should not be deducted on the service tax element.so TDS would be deducted on only the rental amount
Eg TDS on professional servidces u/s 194j says..TDS should be deducted on the receipt. hence,TDS would be deducted on the service tax element too in this case
Hence,whenever yu deduct TDS,read the concerned section and apply accordingly!
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CA PARTH SHAH
(Expert)
02 May 2012
EXCEPT SECTION 194I I.E. TDS ON RENT, TDS IS TO BE DEDUCTED ON SERVICE TAX COMPONENT TOO. ONLY ON RENT SERVICE TAX IS TO ELEIMINATED WHILE DEDUCTING TDS. SO IT CAN BE SAID THAT IT IS DOUBLE TAXATION
24 May 2012
Please read circular number 4/2008 for clarification.
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