Dears
Whether TDS to be deducted on Professional Charges received including service TAx
Whether TDS to be deducted on contarct amount including Sales Tax & Service TAx
Sowmya.S.Balan (Paid Assistant) (749 Points)
03 June 2011Dears
Whether TDS to be deducted on Professional Charges received including service TAx
Whether TDS to be deducted on contarct amount including Sales Tax & Service TAx
CA ADITYA SHARMA
(CA IN PRACTICE )
(16719 Points)
Replied 03 June 2011
yes tds will be deducted on gross amt, including all taxes
CS,CA F,Numrologi TusharSampat
(CS CA F Numerologist Astrologer Graphologist Face reader Vastu Expert)
(85930 Points)
Replied 03 June 2011
Yes ,
TDS is deducted on gross amount including service tax.
Harpreet
(* * * * * *)
(1670 Points)
Replied 03 June 2011
Yes applicable on first question and for IInd question, you should deduct TDS as safe side and consider first that bill (what kind of bill)
SOURAV GHOSH
(Assistant Manager-Finance)
(401 Points)
Replied 03 June 2011
Agree with future ca,tushar & harpreet..
piyushi
(Chartered Accountant)
(105 Points)
Replied 03 June 2011
hey can u tell me ki is it compulsory for companies to fill return electronically ?????
CA SHAFI SIDDIQUI
(Ca in Practice)
(228 Points)
Replied 03 June 2011
Clarification on deduction of tax at source (TDS) on service tax component on
rental income under section 194-I of the Income-tax Act
CIRCULAR NO. 4/2008, DATED 28-4-2008
Representations/letters have been received in the Board seeking clarification as to whether TDS
provisions under section 194-I of the Income-tax Act will be applicable on the gross rental amount
payable (inclusive of service tax) or net rental amount payable (exclusive of service tax).
2. The matter has been examined by the Board. As per the provisions of 194-I, tax is deductible at
source on income by way rent paid to any resident. Further rent has been defined in 194-I as
“rent” means any payment, by whatever name called, under any lease, sub-lease, tenancy or any
other agreement or arrangement for the use of (either separately or together) any,-
(a) land; or
(b) building (including factory building); or
(c) land appurtenant to a building (including factory building); or
(d) machinery; or
(e) plant; or
(f) equipment; or
(g) furniture; or
(h) fittings,
whether or not any or all of the above are owned by the payee;
3. 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.
4. These instructions may be brought to the notice of all officers working in your region for strict
compliance.
5. These instructions should also be brought to the notice of the officers responsible for conducting
internal audit and adherence to these should be checked by the auditing parties.
CA Rakesh Garg
(Asst. MGR Taxation)
(510 Points)
Replied 03 June 2011
TDS is deducted on gross amount including service tax.
PRAKASH AGARWAL
(SERVICE)
(46 Points)
Replied 04 June 2011
TDS shall be on gross amount in both the cases
Joey Tribbiani
(fdg)
(2010 Points)
Replied 04 June 2011
TDS is deducted on gross amount,except in case of service tax component on
rental income (U/S 194I).
Maneet Puri
(student)
(71 Points)
Replied 04 June 2011
@ Piyushi: Yes , every company is required to file return electronically .
CA kuldeep kothari
(own practice)
(375 Points)
Replied 05 June 2011
tds will be on gross amount iclusive of service tax
ROUNAK KUMAR SINGHANIA
(student)
(61 Points)
Replied 05 June 2011
TDS shall be on net amount in both the cases which amount you paid
CA,CMA,CS Karan Gogia
(Employed)
(230 Points)
Replied 05 June 2011
on in case of rent,TDS is to b deducted on net amount (only rent amount without adding service tax)-as specific circular has been issue by CBDT...
in any other case it is to be duducted on gross amount(i.e service charge+service tax)
Hope it is clarified..in case of query do contact me...