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TDS ON SERVICE TAX SHOULD BE DEDUCTED OR NOT

(Querist) 05 February 2010 This query is : Resolved 
I HAVE RECD ONE BILL OF COURIER CHARGES FOR

SERVICE CHARGES RS. 10,000/-

SERVICE TAX RS. 1,030/-

TOTAL RS. 11,030

TDS SHOULD BE DEDUCTED ON WHOLE AMT 11,030/- OR IT SHOULD BE DUDUCTED ONLY ON RS. 10,000/- KINDLY SUGGEST.

THANKS/REGARDS

SUBHASH SHARMA
M-9891338895
A V Vishal (Expert) 05 February 2010
TDS should be deducted on 11030
soumitra basu (Expert) 05 February 2010
I agree with Mr. Vishal.
Vineet (Expert) 07 February 2010
Agree with Vishal. TDS to be deducted on gross amount unless specifically exempted by any circular or notification such as in the case of rent on immovable commercial property, TDS is deductible only on the Rent portion and not the Service Tax.
Ganesh babu (Expert) 11 May 2013
disagreed with the above,

TDS ON SERVICE TAX TO BE DEDUCTED ON ALL PAYMENTS EXCEPT RENT.
CBDT wide cir.no.4/2008, dtd.28/04/2008, announced that at the time of payment of rent tds should be deducted on the amount exclusive of service tax as the landlord is acting as a only collecting agent for govt. to collect servicetax.

based on view point of cbdt WHOLE INDUSTRY STOPPED DEDCUTING TDS ON SERVICE TAX , and started deducting tds on amount exclusive of service tax.

however 2 months later,
wide letter f.no.275/73/2007/it-b dtd 30/06/2008
it was announced that exemption from deducting tds on service tax is only under section 194i rent paid
Vineet (Expert) 11 May 2013
what is the disagreement Mr Ganesh Babu. Earlier posts saying the same thing.
Ganesh babu (Expert) 12 May 2013
yes,.it is not like that,..

i mean to say tds on servicetax

except rent
R.V.RAO (Expert) 21 February 2014
very recently,in first qrtr of 2014,CBDT announced that professional payments U/S 194J will not attract TDS on serv.tax,if the serv.tax claimed separately.


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