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Issue: CBEC has earlier clarified that TDS in terms of Sec 194-I [TDS on rental payment] shall be deducted on “value exclusive of ST”. Whether TDS in terms of Sec 194-J [TDS on fees for professional or technical services] shall in the same manner be deducted on “value exclusive of ST amount” or shall it be deductive on “value inclusive of ST amount”?
Clarification: The payment made under sec 194-J differs significantly from payments made under section 194-I in the way that
èin case of Sec 194-I TDS has to be deducted on ANY INCOME paid as rent
èHowever, in case of Sec 194-J TDS has to be deducted on ANY SUM paid as professional and technical fees.
Board has decided to exclude TDS on service tax component on rents payment because it was construed that service tax payment can not be regarded as income of landlord. Since section 194-J covers any sum paid, therefore, Board has decided not to extend the scope of Earlier Circular to the payment made under Sec 194-J.