13 August 2013
Hi, my client wants to apply for service tax registration as the customers he is dealing with want to deduct TDS. But my client receipts are less than 10 lacs per annum. As my client cant show service tax in invoices as he is exempted till 10 lacs, my query is how the customers are liable to deduct TDS if the invoice doesn't carry service tax.
13 August 2013
Yes. TDS is not based on charging service tax or not in the invoice. it is governed by the Income tax act TDS sections. so based on nature of service, tds section and rate will apply. whether you are charging service tax or not is immaterial
14 August 2013
Where TDS is applicable, service tax amount also will have to be added for calculating the TDS (except Rent).
Querist :
Anonymous
Querist :
Anonymous
(Querist)
14 August 2013
Thanks for the reply..
As my client is exempted till 10 lacs, but still customers are asking for his service tax no. As you have said that TDS depends on the transaction rather than the service tax charged then what could be the reason for customers asking for the service tax no.
14 August 2013
Customers are not aware of the exemption about your client. he can inform client since the turnover is less than Rs.10 lakhs service tax not apply.
Service tax number they may ask for taking CENVAT credit purpose not for TDS purpose