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Tds on service tax

S Giri (CFO) (28 Points)

06 September 2013

Dear Members

Is TDS required to be deducted on the service tax portion also?

Thanks

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9 Replies

CA. Sushant Bhatnagar (Associate Manager - Taxation) (49 Points)
Replied 06 September 2013

Hi Mr. Giri, There has been recent judgement which clarifies that in case technical fees or professional services TDS will not be deducted on Service Tax charged. I'm yet to get an update whether to follow this or not. Thanks & Regards CA. Sushant Bhatnagar

Krunal Jani (Article Assistant) (63 Points)
Replied 06 September 2013

Yes, TDS is required to be deducted on Service Tax portion also if the amount of Service exceeds Rs. 30000/-.

CA Ramsai N (Fresher) (594 Points)
Replied 06 September 2013

Under 194 C(not related to service tax) and 194J, it was mentioned that ""ANY SUM"-i.e Inclusive of Service tax (TDS has to be deducted on "Service +service Tax)

Where in 194D and 194H and 194I , it was mentioned that "Income rather than any sum"- i.e exclusive of ST (TDS has to be deducted on "Service portion")

Mihir (Wealth Manager) (5293 Points)
Replied 06 September 2013

Not required for section 194I. Not sure about 194J although last week court took a different stand.

CA NEERAJ SHARMA (practice) (408 Points)
Replied 06 September 2013

As per latest case judiciary decide any sum under section 194j not includes service tax ...

CA Siddharth Mehra (Chartered Accountant) (145 Points)
Replied 06 September 2013

yes tds shall be deducted on amount paid including service tax.

sanjay singhal (CA) (987 Points)
Replied 06 September 2013

As per recent judgement TDs has to be deducted on st in case of professional fees us 194j. In other case not required. Agree with ramsai neelam

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CA Deepak Rathore (EXPERT) (281 Points)
Replied 07 September 2013

U have to deduct except Incase of 194I

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nidhi jain (article) (45 Points)
Replied 07 September 2013

Please tell in which judgement it was held that tds will be deducted on service tax portion also. As I have read a judgement of rajasthan high court in which stand was taken that tds will not be deducted on service tax portion.

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