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Vehicle rent

This query is : Resolved 
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(Querist)
28 March 2012 Hi, A Limited company getting cab service from a sole trade proprietorship without any contract, in this case the service tax would be 10.36% and the tds would be 1 % iam i right ?

plz suggest
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Pankaj Gandhi Jaiswal

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Pankaj Gandhi Jaiswal (Expert)
01 April 2012 Yes he will charge service tax @ 12.36% now and you will deduct TDS @ 1%, here substance over form theory will apply so substance of transaction you have to consider it is immaterial that agreement made or not
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Sunilkumar

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Sunilkumar (Querist)
03 April 2012 Could you please confirm is it 10.36% or 12.36% ?
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