Chartered Accountant
3652 Points
Joined September 2008
In my opinion, Service tax shall be charged on sittings fees paid to non-executive directors, since the same has come within ambit of service tax w.ef. 7-Aug-2012, by virtue of notification 45/2012 issued by CBEC.
Hence, the company shall be liable to pay service tax @ 12.36% on service tax under reverse charge mechanism.
Further, TDS shall also be deducted on sittings fees paid to directors u/s 194J @ 10% on amount exclusive of service tax (since that portion of service tax is noyt payable to director)
and following journal entries shall be passed.
Sitting fees Exp. A/c Dr. 10,000
To Bank A/c 9,000
to TDS PAYABLE 1,000(10% of 10,000)
If the co. is eligible for CENVAT
CENVAT -Reverse charge A/c Dr. 1,236
To Service tax liability(reverse charge) 1,236