TDS on Reverse Charge

This query is : Resolved 

31 October 2007 In case of import of services where there is a reverse charge i.e. where service tax payment to the revenue department is the responsibility of service receiver whether the TDS will be deducted on amount gross of service tax or on the net amount in case the service provider is not charging / showing service tax in the bill.

01 November 2007 TDS is always deductibe on gross amount inclusive of service tax. This is a well settled law now.

12 November 2007 Service Tax will be on the gross amount and not on net of TDS. Since you are providing TDS certificate to the service provider, you are paying against two instruments transfer of money to his bank account plus the certificate.

The valuation rules have clarified the position that it is gross of TDS amount




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