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Tds on amount inclusive of service tax

TDS 1132 views 4 replies

One of our client's 26AS shows that TDS was deducted on the commission receivable by them inclusive of service tax @ 12.36%. What should be the treatment for the same as I believe one has to declare income which should not be less than the gross amount shown in 26AS while in our case, the client can manage to show only the amount exclusive of service tax. Filing a revised return is one option but since the due date is nearing, that option will be ruled out. An eg. to illustrate my doubt clearly:

Commission (ex of ST): 1000

Amount received in Bank: 1012

Service Tax liability (12.36% on 1,000): 124

TDS: 112 (10% on 1,124 instead of 1,000)

Replies (4)
What is nature of Income? If it is Rent or Professional or yechnical fees then TDS will not be deducted on service tax portion.
It's Commission income u/s 194H. The client's income credited to PL ac would be exclusive of Service Tax while as per 26 AD, commission is inclusive of it. How do we account for the discrepancy as I've heard one cannot show income less than that shown in 26AS.
In case of Commission Income TDS deducted on service tax portion is not incorrect. Since the service tax is indirect tax and you are collecting it on behalf of government, it van not be your Incime. Therefore Irrespective of Gross amount shown in 26AS your commission exclusive of Service tax will be yiur Income. Further, In this case you can show Income Below as shown in 26 AS.
Thank you for clarifying Dhanesh.


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