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tds on service tax

padma rangachari Started The Discussion:

pls let me know whether tds to be deducted from service tax also when it is calculated and shown separately in the cost of bill and if so, why. whether it will not amount to tax on tax and moreover tds is tax on source of income and service tax, ipso facto, is not a source of income.

cwdnandha - Member Since: Apr 2009
Dear Padma,

It is debated issue, well your point is valid.But still we need to deduct TDS inclusive of service tax except for Rent bill ( refer CIRCULAR NO. 4/2008, DATED 28-4-2008: from CTBT states that "Service tax paid by the tenant doesn't partake the nature of income of the landlord. The landlord only acts as a collecting agency for Government for collection of service tax. Therefore it has been decided that tax deduction at source (TDS) under sections 194-I of Income-tax Act would be required to be made on the amount of rent paid/payable without including the service tax"

regards
Nandha


Regards
Nandha

cwdnandha - Member Since: Apr 2009
Dear Padma, In short You can deduct TDS on all service bills except for Rent bill where you have deduct only on basic rent value,ignore TDS on Service Tax. regards Nandha

aa_somani - Member Since: Jan 2008
Dear Padma As per the circular of Income Tax from 01/05/2008 it is clear that NO TDs on any taxes, cess, or surcharge on Tax which includes , VAT, CST, Service Tax and such other taxes.

prashant_12527 - Member Since: Jul 2011
Hi! I wanted to know that, if my clients deducting TDS on service Tax then should we pay service tax as collected through client, I mean less TDS frm service tax

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