Tds on restaurant bill

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

26 March 2016 Dear sir,
Query..1) we have paid restaurant bill Rs. 38500 for business purpose in which 5.8% ST is being charged alongwith the 14.5% plz clarify while making payment weather TDS is to be made or not if yes how much...2) we have purchased the software in which 5.8% ST is being charge alonwith the 5% vat, plz clarify while making payment weather TDS is to be made or not if yes how much,

Regard
Rohit kaushik

Ankur Singhal

Ankur Singhal (Expert)
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26 March 2016 Dear
No TDS on amount paid to restaurant.

TDS to be deducted on software payment under section 194J @ 10%.

Querist : Anonymous

Querist : Anonymous (Querist)

26 March 2016 Sir can you please explain why No TDS is applicablbon payment made for restaurant bill

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Ankur Singhal

Ankur Singhal (Expert)
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26 March 2016 Dear
Restuarant bill include the food and beverage amount and no need to deduct tds.

But if your case is different then pls elaborate the bill

Querist : Anonymous

Querist : Anonymous (Querist)

26 March 2016 Sir the restaurant bill is.i.e..32003 basic, 4640 14.5% vat on 32003, 1857 5.8% ST 40% of 32003, total 38500/-

Ankur Singhal

Ankur Singhal (Expert)
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26 March 2016 Dear
Since the bill pertains to fooding, no requirement to deduct tds.

Querist : Anonymous

Querist : Anonymous (Querist)

27 March 2016 Sir.. on fooding only vat should be applicable if they are charging ST also that means they are considering the service portion also if there is service portion then in opinion TDS should be deduct.....plzz clarify this issue