Tds to be deducted

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Dear Friends,

 

I have a query,

I Heared that, TDS on Rent to be deducted without taking Serive tax portion.

Then, one assessee who is not required to register under ST, is payin monthly rent of Rs. 20,000 + ST (2472) Total 22472

and claiming entire amount as rent expenses in P&L, now whether we need to deduct TDS on Rs. 20,000 (without ST) or 22472 (With Service Tax)?

 

Thanks in advance..

 

Shahad

Replies (11)

Rent payable = 20,000/-

Add service tax = 2,472/-

Total rent payable = 22,472/-

TDS at 10%

 

Dr...Rent payable a/c  ....Rs. 22,472/-

Cr... Bank a/c........Rs. 20,472/-

Cr...TDS deduction a/c ....Rs. 2,000/-

 

Hope its correct.

Dear Shahad,

as rightly said by you, TDS is to deducted on the portion excluding service tax.

then, the person making payment of the sum will deduct TDS on Rs. 20000.. i.e. without ST portion.


Best Regards,
CA Lovely Arora
ca.lovelyarora @ gmail.com
+91-9891400405

Please refer to Circular 4/2008 which states that TDS on rent has to be done excluding the service tax component..

Hence as far as TDS U/s 194-I is concerned, the same can be done excluding the ST component.

As per circular 4/2008,TDS needs to be deducted only on Rent amount and not on the service tax portion.Though,walking safer side,you may deduct TDS on the whole amount because ultimately the person whose TDS is being deducted will get credit of the same.

TDS will be deducted only on rent amount i.e. 2000/-

no need to deduct TDS on service tax.

you can claim this rent in P/L without hesitation.

why TDS applicable on service tax portion other than Sec 194 I. What may be the reason behind this?
If agree with everyone..... S.T is to be excluded for the purpose of TDS only for purpose of rent u/s 194I. Thus TDS is to be deducted if payment exceeds rs 180000 during year.
my query is if some one has more than 1 property then limit of 1.8 lacs apply to all or to each property thx in advance

Dear Rajeev,

If assessee has more than 1 property... then, limit of Rs. 1.8 lacs apply to each property individually... (provided the tenant is different in each property)
However, if the tenant and the landlord are same person and for one property the payment is to be made of Rs. 1 lakh and for another Rs. 1.5 lakh.... then, TDS is required to be deducted on both properties. (Amendment by Finance Act, 2010)

 

Best Regards,
CA Lovely Arora
ca.lovelyarora @ gmail.com
+91-9891400405

thx a lot lovely ji

Dear Lovelyji

Can you provide me the section i mean the extract of amendment and is there any case law for same. Thank you in advance

 


CCI Pro

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