TDS Deduction on Service Tax

TDS 10353 views 37 replies

Hi My company Rent based get for Nescafe Machine so every month pay they amount and i have deducted for TDS and How much %

Replies (37)

Hi My company Rent based get for Nescafe Machine so every month pay they amount and i have deducted for TDS and How much %

Circular is not clear as it states TDS on any sum, that means it is not clearly specified that Service tax part should also be subject to TDS.

Therefore we should go for REASONABLE/HARMONIOUS CONSTRUCTION and draw out the intention.

As Service Tax is an Indirect Tax to be collected on behalf of the GOVT. itself, if I am collecting less (due to TDS) fairly I should deposit less. Another controversy shall arise for Service Tax collectors. Also Service Tax is applicable on Receipt basis, would you advise for reverse calculation and thereby depositing Sevice Tax as Net (collected) amount.

It is therfore amply clear, that TDS (Income Tax Law) should be subjected to Income Part only and not on the reimbusement part.

Dilip Das

 

Circular is not clear as it states TDS on any sum, that means it is not clearly specified that Service tax part should also be subject to TDS.

Therefore we should go for REASONABLE/HARMONIOUS CONSTRUCTION and draw out the intention.

As Service Tax is an Indirect Tax to be collected on behalf of the GOVT. itself, if I am collecting less (due to TDS) fairly I should deposit less. Another controversy shall arise for Service Tax collectors. Also Service Tax is applicable on Receipt basis, would you advise for reverse calculation and thereby depositing Sevice Tax as Net (collected) amount.

It is therfore amply clear, that TDS (Income Tax Law) should be subjected to Income Part only and not on the reimbusement part.

Dilip Das

Originally posted by :sunny
" yes. i m agree with this is answer "


 

TDS has to be deducted on the amount of bill without including service tax because service tax is a tax to be collected and paid to the govt and it does not constitute a part of the professional fees charged

Their is a circular stating that TDS will be deducted on service tax except in case of rent.

Originally posted by :Shyam Lal Naik
"

Whats the respective authority for your statement?

 

"


 

Originally posted by :balakmu
" Dear Members
Please clarify whether TDS to be deducted on the service tax amount also when you receive the bill value with the service tax
"

 please clarify whether tds is deducted on bills where service tax is added to an amount.

is their any new ruling by govt where tds id not deducted on bills where service tax is dded on aparticular amount.


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