28 February 2011
Sir A firm paid for a machinery repair bill of Rs. 110000 including Rs. 10000 as Service Tax.The Contractor also supplied material in this Rs. 110000 bill, but didn't charged any vat or CST...so plz tell me whether TDS to be deducted on 110000 ? if yes, whether 194 C or 194J ?
01 March 2011
If any contract is given to vendor with material then TDS is to be deducted @ 2% (194C) on Invoice Amt. If Firm is taking service tax credit then TDS is to be deducted on Gross Inv. Amt. (Amt. before S. Tax)otherwise on total invoice amount (Inv. Amt. + S. Tax)
01 March 2011
Sir Thanks for the reply.One thing more, u refer about deduction of TDS on amount exclusive of ST if ST credit is taken.Plz tell me if there ia any rule behind such contention ? or u just think that ST is not expense for firm , so no need to deduct TDS ?
01 March 2011
If any for is taking Service Tax Credit on amount paid by him then it is not the expense for the firm, hence TDS should not be deducted on that amount. Another thing is that if you deduct TDS on Service TAx Amount then it leads to Double Taxation i.e., Tax on Tax amount.