Service Tax on TDS portion

This query is : Resolved

Swapnil (Querist)
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12 August 2010 If the TDS has been deducted on issuance of bill before 31st March of the financial year and the same is available for credit for Income Tax purposes but receipt against the bill is received in next year, then Service Tax on the TDS portion should be paid in the year for which credit of same is available or in the year of receipt of amount against bill?
Please let me know any related provision in Relevant Act.

CA SMR

CA SMR (Expert)
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12 August 2010 Service Tax is to be paid on the gross value of taxable service which is charged by a Service Tax assessee for providing a taxable service. Income tax deducted at source is includible in the charged amount. Therefore, service Tax is payable on the gross amount including the amount of Income Tax deducted at source also.