deduction of TDS inclusive of service tax

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SHANTANU SHARMA (Querist)
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03 November 2009 Hello everybody,
i am auditing a public co. the client use to deduct TDS amount exclusive of service tax.
But as far as i know they should include service tax for deducting TDS.
please help me out also give reference of any circular/notification which will be useful
thankyou

Satpal Singh

Satpal Singh (Expert)
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03 November 2009 Yes You are correct. TDS is to be deducted on the total amount including service tax except in the case of section 194I for rent where tds is to be deducted after exclding service tax.

CA Devanshi Gandhi (Ajani)

CA Devanshi Gandhi (Ajani) (Expert)
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03 November 2009 agree

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SHANTANU SHARMA

SHANTANU SHARMA (Querist)
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03 November 2009 please tell me circular/notification of which i can refer.

Kishanlal Paliwal

Kishanlal Paliwal (Expert)
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04 November 2009 Agree with Mr.Satpal,and would like to add that the special condition w.r.t. Rent is enforced by virtue of hona'ble Supreme Court judgement.