Service tax on tds portion of certain service

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The Query is as under;

For Eg. ABC LTD is receiving the service of consultancy from Mr. XYZ.

Now Mr XYZ has issued a bill of Rs. 100/-

ABC LTD has deducted TDS of Rs. 10/- on such service and paid Rs. 90/- to MR. XYZ and also charged Service Tax on Rs. 90/- at the time of payment (as the case falls under RCM).

Now ABC Ltd did not charged service tax on Rs. 10/- (Being amount of TDS) at the time of payment of Rs. 90/- but charged Service Tax on the date of Issue of TDS Certificate).

The company is of the view that service tax is to be charged only when payment is made (i.e. payment received by service receiver) and in case of TDS the deductee (i.e. service Provider) is not entitle to receive TDS till the issuance of Valid TDS certificate duly signed by the deductor (i.e. the company).

Weather this practice is correct as per law or,

Is there any other view point in this regards???

Replies (7)

If service tax is charged by the service provider then deduct TDS on service tax also.

If service tax is liable to be paid by the service recepient, then TDS will be deducted on service value amount only.

Dear Niraj Sir,

kindly consider the changes made in query (just now).

is service provided comes under RCM

hi,

 

service tax should be paid by Ltd company under reverse charge on whole 100 rs.

as they will be booking service expense as per the invoice received from xyz 

hi,

 

service tax should be paid by Ltd company under reverse charge on whole 100 rs.

as they will be booking service expense as per the invoice received from xyz 

Originally posted by : Niraj Kumar Sinha
If service tax is charged by the service provider then deduct TDS on service tax also.

 

Not agree with Niraj Ji

As Circular No. 1/2014 dated 13th Jan 2014 issued by the Govt , TDS is to be deducted on the amount exclusive of service tax if the service tax amount is shown separately. As in most of the cases, Service Tax Amount is disclosed separately in the Invoice, TDS in all such cases would be deducted on the amount exclusive of service tax.

However, in case the Service Tax amount is not disclosed separately in the invoice (rare case), TDS in such cases would be deducted on the total amount i.e. the amount inclusive of Service Tax.

 


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