Tds deductd excldng ser.tx @10% in rpu amt.pd colmn?

On Rent and Professional Services TDS is deducted @ 10% excluding service Tax. The problem is like this. Rent 1,00,000Serv.Tax @ 12.36% TDS @ 10% on 1,00,000.  Now while filing the TDS return In the amount paid column if i put 1,00,000+Service tax amount of Rs, 12360 the RPU will not accept. If I put only 1,00,000 will this legally be correct OR does it amount to misleading the ........

experts comments solicited

Replies (2)

Hi Ram,

Don't worry, you did a right thing. The TDS on rent can be made only on rent amount excluding service tax. Please have the below IT circular for your reference.

[Circular No.4/2008 dt 28.03.2008 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]

https://law.incometaxindia.gov.in/DIT/Circulars.aspx

 

In case of Section 194J (professional & technical service) TDS is to be deducted on the amount inclusive of service tax. (Refer circular 275/73/2007IT(B) dated 30-6-2008) "Section 194J (1) states that - Any person, not being an individual or a Hindu undivided family, who is responsible for paying to a resident any sum by way of..........." On the other hand In case of section 194-I TDS is to be deducted on the amount exclusive of service tax (Refer Circular 4 dated 28-4-2008) "Section 194I states that Any person, not being an individual or a Hindu undivided family, who is responsible for paying to 86[a resident] any income by way of rent........." Thus as discussed above the treatment which u hav given in case of rent is correct. In return also you should show oly the amount excludin service tax. But in case of professional chg u should show amount includin service tax

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
22 September 2026
Account Assistant

Chirag P Shah & Co. Chartered Accountant

Pune

B.Com

View Details
Company
Featured 03 October 2026
Accountant

A P Lodha and Associates

Jalna

B.Com

View Details
Company
30 September 2026
Senior Accounts Executive

Codeboard Technology

Chennai

MBA

View Details
Company
08 October 2026
Account Executive

Elite Taxation

New Delhi

CA Foundation

View Details
Company
06 October 2026
Assistant Manager - Audit and Compliance

Ravi K Jain & Co

Noida

Others

View Details
Company
08 October 2026
SALES TELECALLER

HIRE NOVA

Lucknow

Graduate (Any)

View Details
Company
ARTICLESHIP 07 October 2026
Article Assistant

Malhotra Rajesh & Associates

New Delhi

B.Com

View Details
Company
ARTICLESHIP 01 October 2026
Articled Assistant

KPSN & Associates LLP

Chennai

CA Inter

View Details