TDS on Rent

This query is : Resolved

Yogesh (Querist)
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23 March 2011 If Land loard Charges Rent with Service Tax
Then On What Amt We have to Deduct TDS (Inclusive of Service Tax Or Exclusive)

& Only Basic Amt is Liable to TDS then
We claim the Full Exp (with Service Tax)
can I.T. Officer raise Query on TDS Deduction

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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23 March 2011 Deduct TDS on amount Exclusive of Service Tax.

As per Circular No.4/2008 dated 28.4.2008, it was clarified that TDS on rental payments would be required to be made only on the basic rental amount without including service tax. In other words, TDS should not be made on the service tax portion of the rent. However, this analogy is not applicable to TDS under other sections.

CA.ViVeK M ACA

CA.ViVeK M ACA (Expert)
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23 March 2011 In case of Rent transaction, TDS required to be deducted excluding the service charges. Generaly TDS required to be deducted including the Service tax value Unless it is specifically exempted under Income tax Act.

As far as TDS on Rent, there is a circular No.4/2008 dated 28.4.2008 for excluding Sertvice tax.

Yogesh

Yogesh (Querist)
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23 March 2011 But if not taken Service Tax Credit Then Full Amt Debited to p& L then is it allowed by I.T Officer

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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23 March 2011 Yes even in that case it will be allowed fully if you deduct on amount excluding service tax.

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