tax issue


As per CBDT Clarification in view of Rajasthan High Court's judgement, if service tax component is not included in Professional fees's bill and is paid seperately, then there is no TDS on service tax component. Query is that if service tax bill is raised seperately, can payer take credit on the basis of Service Tax Invoice indepednent of Main Invoice.

My reading is : better to deduct tax, deposit with Govt & issue Certificate; else problems may galore in future as existence of agreement between payer & payee, being a  pre-requisite , might be overlooked under pressure of work. Does taxation on service tax add double benefit to payee thru' tax credit mode. If one goes on deducting , depositing & issuing certificate, is it punishable

Kindly guide me.




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