tds

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

18 March 2010 paymet made for commission.TDS is deducted on total amount i.e commission plus service tax or onnly commission amount.Pl clerify and is there any circular.

CA Robin Betala

CA Robin Betala (Expert)
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18 March 2010 There is two opinion about the matter

1) As CBDT has clarify that in case of tds under section 194 I rent , TDS is to be deducted on gross amount excluding service tax. Therefore same will be applicable on the TDS on commission

2) second opinion is that as it is not specifically mention for commission therefore it should be deducted on inclusive of service tax amt.

Message likes : 1 times

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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18 March 2010 TDS SHOULD BE DEDUCTED ON COMMISSION ONLY AND NOT ON SERVICE TAX.

TDS IS DEDUCTED ON SOURCE OF INCOME. SERVICE TAX IS NOT INCOME OF DEDUCTEE.

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