18 October 2008
in all cases TDS to be deducted on Gross Bill amount, Except in case of TDS Rent under section 194I the service tax component should be deducted from the gross bill
As per the recent notification explanation "Service tax paid by the tenant doesnt partake the nature of income of the landlord. The landlord only acts as a collecting agency for Government for collection of service tax. Therefore it has been decided that tax deduction at source (TDS) under sections 194-I of Income-tax Act would be required to be made on the amount of rent paid/payable without including the service tax.
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