Tds on amc bill

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We want to whether below transaction is need to be deduct the TDS.

We have received service bill of Rs 26000+4680GST 18%) =30680. Do we need to deduct the TDS as the payment will fall under more than 30K single payment. Our confusion is while deducting the TDS we need not to considered GST amount as it was on the service charges (Kindly quote the Section for GST on service is not considered while deducting the TDS).

Replies (3)
You can consider the Bill value is more than 30k and You can deduct TDS for the Service value...

Ok Thank you. Can you please tell me under which notification number or section  we need to exclude GST component? 

Dear Avinash

As per CBDT Circular No. 23/2017 dated 19th July, 2017, while deducting TDS under Chapter XVII-B of the Income Tax Act, 1961, you can exclude the GST portion provided the condiitons mentioned therein are staisfied, that is, terms of contract/agreement indicates GST payable separately. This Circular modifies the earlier CBDT Circular No. 01/2014 dated 13.01.2014.

Refer: https://www.incometaxindia.gov.in/communications/circular/circular_23_2017.pdf

Regards

Ajay

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