Circular no.01 /2014-income tax-tds on service tax component

Circular No. 01 /2014 – Income Tax -CLARIFICTION REGARDING TDS ON SERVICE TAX COMPRISED IN THE PAYMENTS MADE TO RESIDENTS

https://www.chdcaprofessionals.com/2014/01/circular1incometaxclarificationtdsonservicetaxcomponent.html

Replies (35)

This is applicable only when there is a contract/ agreement between the payer and the payee and in that agreement the service tax amount is mentioned sepetrately.

But normally, there is no contract and service tax is just mentioned in the bill seperately. Will this Circular apply to those cases?

Also, I hope that this circular dt 13/01/14 applies for AY 2014-15.

Means- "No TDS on Service Tax if shown separately" and appliccable for all

provision of TDS .

Good move but still not very clear.
 

Hi,

 

This circular is applicable for entire chapter XVII-B (chapter of tds)...

So it covers all sections and applicability date not mentioned so it is applicable from the date of publication.

INCOME TAX NOTIFICATION 5 / 2014 - Income – Tax ( 1st Amendment) Rules, 2014

https://forum.chdcaprofessionals.com/INCOME-TAX-NOTIFICATION-5-2014-Income-Tax-1st-Amendment-Rules-2014-tp371.html

Originally posted by : CA. ANKUR JAIN
Hi,

 

This circular is applicable for entire chapter XVII-B (chapter of tds)...

So it covers all sections and applicability date not mentioned so it is applicable from the date of publication.

Applicable for entire chapter XVII-B (chapter of tds) including 94j . There is only reference given of section 94j in the circular . It does not mean that it is applicable only under section 94j as shown on other websites.

yes

INCOME TAX NOTIFICATION 6 / 2014 - Section 80D of the Income-tax Act, 1961

https://forum.chdcaprofessionals.com/INCOME-TAX-NOTIFICATION-6-2014-Section-80D-of-the-Income-tax-Act-1961-tp375.html

yes

 

yes

Applicable for all sections . . And also note that contract/agreement not required to be a written agreement as circular 1/2014 not mandates . . Hence any bill if servicetax shows seperately no tds on servicetax portion wef 13.01.2014 .
Dear sir, my query is that from now onwards we have to deduct tds from amount excluding service tax. That is only on basic amount and not on full amount of the bill including the service tax. Whether the contract or agreement is compulsory for this amendments to be fulfilled??

yes

yes

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