Service tax and tds

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

15 September 2012 1. if we are taking technical services from a person and he is not implementing service tax on his due and his due is more then exemption limit, ex:- his due is Rs 1500000 for a F.Y. then how should we calculate the TDS and Service tax on the amount we have to pay him?
2. What is calculated firstly TDS or service tax?
3. if a parson is not paying Service tax on his income then is it our responsibility to pay service tax on his behalf ?

Amol S Joglekar

Amol S Joglekar (Expert)
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15 September 2012 You need to check the REVERSE CHARGE instances. If you fall in the category of reverse charge mechanism, then deduct TDS on gross amount i.e. 15,00,000. Pay service tax on 15,00,000. The net payment be made to the consultant.