TDS U/s 194C

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Pritam saha

Pritam saha (Querist)
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17 March 2011 Whether TDS U/S 194C is deductable on amount inclusive of service tax? Please provide any reference.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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17 March 2011 Yes. Income tax is to be deducted on the gross amount inclusive of service tax.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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17 March 2011 TDS will be deducted on value inclusive of service tax.
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. Which means TDS to be deducted on amount including service tax in case of other sections.

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