16 April 2009
clarification has been sought by Bombay Chamber & commerce & Industry regarding applicability of circular 4/2008 on section 194-J ,and asked the department that whether TDS is to be deducted on service tax collected on the service tax portion collected along with professional services.And it has been replied by the department that scope of clarification issued for section 194-I(RENT) can not be extended for section 194-J(Prof. services).
so conclusion is that for section 194 I - TDS shall be deducted excluding of service tax as the provision contains the term " any rent" nad it is also clerified by the CBDT.
For section 194J: TDS shall be deducted including of service tax as the provision contains the term " any sum payable " and it is also clerified by the CBDT.
for all other section - TDS shall be deducted including of service tax , although it is not specifically clerified by the CBDT but because as the provision contains the term " any sum payable "
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