03 March 2013
if a person has a work of software making,,another person given that person a work of software making and my friends has done his job properly,,,for exp. a gives a work to b for making a software,,,and b raise a bill to a including service tax. is this correct. and after giving to person a,,a deduct tax (tds)from his bill bt the tds is only 10% and the service tax is 12.3%,,,the difference is 2.3%,,,may i know what should i do 2.3% tax
04 March 2013
TDS and service tax are two different aspect:- Bill.............100000 Service tax......12360 Total invoice ....112360 Now Mr. B raised bill of Rs.112360 and Mr. A will make payment as follows: total amount........112360 (-).....tds........11236 net payment.......101124 In simple words B has charged service tax and A while making payment has deducted TDS....
i think you are having some confusion b/w TDS and service tax.
in your case making a software is covered within the provisions of sec. 194C. however if the person from you are making software is having a professional degree then you should go for a sec. 194J." service of a technical/professional person person.
in both the cases TDS is to be deducted on the whole amount including service tax.
you cannot say that is 12.36% service tax is charged on the bill then deductor should deduct 10% out of such 12.36%. you have to deduct tax on whole amount including service tax.