Service Tax Problem

942 views 6 replies

 

Mr A who is a foreigner gave his  property in india on rent to xyz ltd, ie a company. for rs 900000 payable in advance. the rental agreement specifically provided that xyz ltd will be bearing tds burden additionally.

here 195A will be applicable which says that for such type of agreements tds has to be deducted after increasing the income to an amount such that after deducting the tds the net amount payable is 900000. /-

now plz tell me what will be the taxale value under service tax.... ?

900000 or 1000000 ( being the increased amount )

 

hint :

Section 66A apllicable

rule 7 (1) of stcr 2006 rules apllicable which says that the value of taxable services received under the provisions of section 66A shall be such amount as is equal to the actual consideration charged for the services provided or to be provided

 

 

I think the answer is 900000 .... after reading the actual word highlighted above. pleasee suggest as to the same !!

Replies (6)

service tax is calculated on amount of rent and tds is deducted on rent amount excluding service tax.

As per the law, TDS should be charged on the gross amount in the bill. Such an amount is deemed to be inclusive of service tax, except in the case of Rent Receipts. In case of rent, the treatment for the purpose of TDS has been clarified by the IT department in the Circular No.4/2008 dt 28.04.2008.

 

 

In section 194J it was mentioned as "any sum paid/credited by way of fees for professional Services"

Meaning of Professional Services is "services rendered by a person in the course of carrying on legal, medical, engineering or architectural profession or the profession of accountancy or technicalconsultancy or interior decoration or advertising or such other profession as is notified by the Board for the purposes of section44A or of this section"



Any amount deducted as TDS is deemed receipt. Hence, service tax will be calculated on amount including TDS i.e Rs 10 Lacs.

but the rule 7(1) of stvr 2006 says that in case os services imported ! the service tax will be on the actual amount charged morover in TDS section ... it is written that fr the PURPOSE of THIS SECTION ( only tds section) shalll be increased to an amount....(9 to 10 lac)

Hi.... Shobhit,

 

Taxable value under Service Tax - Rs. 10.00 lacs.

Amount on which TDS will deduct - Rs.10.00 lacs

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