19 September 2011
Sir we are paying for Professional services monthly ,we have to deduct TDS or not but the company is submitting service tax bill.so we are minus service tax amount and deduct TDS pls help in this regard
19 September 2011
As per Circular No.4/2008 dated 28.4.2008, it was clarified that TDS on rental payments would be required to be made only on the basic rental amount without including service tax. In other words, TDS should not be made on the service tax portion of the rent. However, this analogy is not applicable to TDS under other sections.
In short-- For 194I - Deduct TDS on amount excluding service tax. For other section - Deduct TDS on amount including service tax.
Also see the attached clarification in this regard.