Wht obligation where fts invoice includes cost of material

498 views 2 replies

In case of an invoice received from a resident vendor for technical services received, the invoice also mentions cost of materials separately. Request you to let me know whether tax is to be withheld under section 194J from the whole amount of invoice or after reducing the cost of materials from the invoice? Pls also let me know the case laws/ provisions from where you derive the answer.

Replies (2)

There are various Judgements in this regard. Various cases interprete the sec.194J provisions in different ways. Some courts held that TDS is to be deducted on entire bill since section.194J  stipulating a condition that TDS is to made on Gross amount charged which include reimbursement of expenses also. Refer Circular no.715 dated 8-8-1995, whrere clarification to question no.30 clearly stated that Reimbursement charges will also attract T.D.S. But as it is a Circular where it binds Revenue authorities only (but not assessee), Assessee can deduct TDS excluding Reimbursement expenses challenging Circular. But on safer side, no one prefer to have allegations with Revenue authorities. To avoid TDS on it, better thing is request Service provider to issue seperate bills for  Reimbursement of expenses and his service charge where there is no problem where you can deduct TDS on his service fee only.

totally agree with Nuli

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
20 June 2026
Chartered Accountant

ANV & Company

New Delhi

CA

View Details
Company
ARTICLESHIP 27 June 2026
CA Articled Trainee And Paid Assistant

SKAA & Associates

New Delhi

CA Inter

View Details
Company
04 June 2026
Semi Qualified CA

Goyal Puneet & Associates

New Delhi

CA Final

View Details
Company
ARTICLESHIP 08 June 2026
Internal & Taxation Article

O P Bagla & Co LLP

New Delhi

CA Inter

View Details
Company
12 June 2026
Accounts & Taxation Executive

Winshine Financial Services

Mumbai

CA Inter

View Details
Company
19 June 2026
Accounts Executive

Getfive Advisors Pvt. Ltd.

Ahmedabad

CA Inter

View Details
Company
ARTICLESHIP 30 June 2026
Article Assistant or Paid Assistant

VIKAS VERMA & CO

New Delhi

Others

View Details
Company
ARTICLESHIP 24 June 2026
CA Article Trainee

Rahul Dang & Associates

Pune

CA Inter

View Details