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TDS ON RENT REG


MEENA VIVEK   28 November 2020

MEENA VIVEK

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Assessee Company paid rent of Rs.204000/ for the F Y 2019-20 with GST @ 18% on the rent being Rs.36720/ Total Rent and GST Rs.240720/ is debited in the Profit and Loss account of the assessee.Please clarify whether the TDS u/s 194I of the income tax act attracts as the sum exceeds the threshold of Rs.240000/.The recipient Landlord offered the rent Rs.204000/ along with his other income in his tax return and paid the tax.Is it necessary to give to the company who paid the rent and GST a Form No.26A under 31ACB of the income tax rules 1961.

M BABU

M BABU   28 November 2020

M BABU

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If company has deducted TDS , then company has to issue form 16A to landowner through TRACES

anil jain

anil jain (Partner)     30 November 2020

anil jain
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F. No. 275/59/2012-IT (B) Government of India/ l·fRCI fH<'fll'l CIRCULAR No. 23 /2017 Ministry of Finance/ fiftr lj;j I~q Dep:mnwll\ of Revemle/({ lut'fCI fcf~ Central Board of Direct axes ~ If(!:!af Cil\..n-3) North Block, New Delhi 19th July, 2017 Subject: Modification of Circular No.1 of 2014 in view of substitution of Service Tax by Goods and Services Tax (GST). The Central Board of Direct Taxes (the Board) had earlier issued Circular No. 112014 dated 13.01.2014 clarifying that wherever in terms of the agreement or contract between the payer and the payee, the Service Tax component comprised in the amount payable to a resident is indicated separately, tax shall be deducted at source under Chapter XVIl-B of the Incometax Aet, 1961 (the Act) on the amount paid or payable without including such Service Tax component. 2. References have been received in the Board seeking clarification as to what treatment would be required to be given to the component of Goods and Services Tax (GST) on services, which has been introduced by the Government with effect from 1" of July, 2017 and into which the erstwhile Service Tax has been subsumed. 3. The matter has been examined. It is noted that the Government has brought in force a new Goods and Services Tax regime with effect from 01.07.2017 replacing, an10ngst others, the Service Tax which was being charged prior to this date as per the provisions of Finance Act, 1994. Therefore, there is a nc d to harmonize; the (;OnlenlS of C ircular No. II 20 14 of the Board with the new system for taxation of services under the GST regime. 4. In the light of the fact that even under the new GST regime, the rationale of excluding the tax component from the purview of TDS remains valid, the Board hereby clarifies that wherever in terms of the agreement or contract between the payer and the payee, the component of 'GST on services' comprised in the amount payable to a resident is indicated separately, tax shall be deducted at source under Chapter XV Il-B of the Act on the amount paid or payable without including such 'GST on services' component. GST fOT these purposes shall include Integrated Goods and Services Tax, Central Goods and Services Tax, State Goods and Services Tax and Union Territory Goods and Services Tax. -2- 5. For the purposes of this Circular, any reference to 'service tax ' in an existing agreement or contract which was entered prior to 01.07 .2017 shall be treated as 'GST on services' with respect to the period from 01.07.20 17 onward till the expiry of such agreement or contract. 6. Hindi version shall follow. Copy to: 1. Chairman and all Members ofCBDT. andeep Si gh) Under Secretary to the Government ofIndia Tele: 23094182 Email: Sandeep.singh68 @ nic.in 2. All Principal Chief Conunissioners and Principal Directors General oflncome Tax. 3. PI'. DGIT (Systems) and PI'. DGIT (Admin.). 4. All Joint Secretaries and Commissioners in CBDT. 5. Additional Directors General (TPS-I) and (PR,PP&OL). 6. Commissioner (CPC-TDS). 7. Web Managers of irsofficersonline.gov.in and incometaxindia.gov.in for placing the Circular on the respective portal. 8. Office of Comptroller & Auditor General oflndia (30 copies). 9. Guard file .

anil jain

anil jain (Partner)     30 November 2020

anil jain
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CBDT has clarified through Circular No. 23/2017 that if GST on services has been indicated separately in the invoice, then no tax would be deducted on GST component.

as per above mentioned circular


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