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TDS

Sowmya.S.Balan (Paid Assistant) (749 Points)

03 June 2011

Dears

Whether TDS to be deducted on Professional Charges received including service TAx

Whether TDS to be deducted on contarct amount including Sales Tax & Service TAx

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16 Replies

CA ADITYA SHARMA (CA IN PRACTICE ) (16719 Points)
Replied 03 June 2011

yes tds will be deducted on gross amt, including all taxes

CS,CA F,Numrologi TusharSampat (CS CA F Numerologist Astrologer Graphologist Face reader Vastu Expert) (85930 Points)
Replied 03 June 2011

Yes ,

TDS is deducted on gross amount including service tax.

Harpreet (* * * * * *) (1670 Points)
Replied 03 June 2011

Yes applicable on first question and for IInd question, you should deduct TDS as safe side and consider first that bill (what kind of bill)

valji (Accounts manager-MBA) (2150 Points)
Replied 03 June 2011

yes tds is applicable

SOURAV GHOSH (Assistant Manager-Finance) (401 Points)
Replied 03 June 2011

Agree with future ca,tushar & harpreet..

piyushi (Chartered Accountant) (105 Points)
Replied 03 June 2011

hey can u tell me ki is it compulsory for companies to fill return electronically ?????

CA SHAFI SIDDIQUI (Ca in Practice) (228 Points)
Replied 03 June 2011

Clarification on deduction of tax at source (TDS) on service tax component on
rental income under section 194-I of the Income-tax Act
CIRCULAR NO. 4/2008, DATED 28-4-2008
Representations/letters have been received in the Board seeking clarification as to whether TDS
provisions under section 194-I of the Income-tax Act will be applicable on the gross rental amount
payable (inclusive of service tax) or net rental amount payable (exclusive of service tax).
2. The matter has been examined by the Board. As per the provisions of 194-I, tax is deductible at
source on income by way rent paid to any resident. Further rent has been defined in 194-I as
“rent” means any payment, by whatever name called, under any lease, sub-lease, tenancy or any
other agreement or arrangement for the use of (either separately or together) any,-
(a) land; or
(b) building (including factory building); or
(c) land appurtenant to a building (including factory building); or
(d) machinery; or
(e) plant; or
(f) equipment; or
(g) furniture; or
(h) fittings,
whether or not any or all of the above are owned by the payee;
3. Service tax paid by the tenant doesn’t partake the nature of “income” of the landlord. The landlord
only acts as a collecting agency for Government for collection of service tax. Therefore it has been
decided that tax deduction at source (TDS) under sections 194-I of Income-tax Act would be required to
be made on the amount of rent paid/payable without including the service tax.
4. These instructions may be brought to the notice of all officers working in your region for strict
compliance.
5. These instructions should also be brought to the notice of the officers responsible for conducting
internal audit and adherence to these should be checked by the auditing parties.