Tds on service tax under 194j and 194c
This query is : Resolved
16 January 2014
Please update me with the latest circular - dated 13th Jan 2014, which says no tds should be deducted on the service tax portion under 194 J...Is it applicable on other tds sections also??
16 January 2014
Not heard of any such circular till date.
17 January 2014
Yes.
CBDT vide circular no.1/2014 dated 13.1.2014 has clarified that TDS will not be applicable on servicetax if charged seperately in the bill..
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.
So with that circular it is clarified that tds not applicable on service tax for 194J..
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As it clearly says applicable for 194J we cant apply this for other section deductions
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.
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With above circular as of today we can say no tds applicable on servicetax component for 194I and 194J
.
For the rest tds may applicable
.
.
Lets see other view
CBDT vide circular no.1/2014 dated 13.1.2014 has clarified that TDS will not be applicable on servicetax if charged seperately in the bill..
.
.
So with that circular it is clarified that tds not applicable on service tax for 194J..
.
As it clearly says applicable for 194J we cant apply this for other section deductions
.
.
.
With above circular as of today we can say no tds applicable on servicetax component for 194I and 194J
.
For the rest tds may applicable
.
.
Lets see other view
17 January 2014
Ganesh bhai.
my view is that as long we charge service tax separately we can avoid tds on the same.
This circular was issued after a tax ruling wherein it was held that tds is not applicable on service tax charged separately.
Therefore it is worth arguing that tds is not applicable in other cases too...
it is a classic case of CBDT trailing the court rulings..
my view is that as long we charge service tax separately we can avoid tds on the same.
This circular was issued after a tax ruling wherein it was held that tds is not applicable on service tax charged separately.
Therefore it is worth arguing that tds is not applicable in other cases too...
it is a classic case of CBDT trailing the court rulings..
17 January 2014
From now on TDS not applicable on Service Tax if Service Tax shown separately. Which means all sections.
17 January 2014
i think i agree with experts Sanjay ji and nikhil ji...as in the 3rd point of the circular it clearly says "from now on all such cases where S.tax is shown separately , tds should not be deducted on S.tax portion"...
but m not sure, as this circular is based on the High Court Ruling in Rajasthan HC, which is again based on 194J.
but m not sure, as this circular is based on the High Court Ruling in Rajasthan HC, which is again based on 194J.
17 January 2014
Dear Uday,
you are right that the circular is based on rajassthan High Court judgment. however the subsequent paragraph suggest that it will apply to all the TDS sections. The important here is the subject of the circular which covers the whole of TDS chapter of the Act.
you are right that the circular is based on rajassthan High Court judgment. however the subsequent paragraph suggest that it will apply to all the TDS sections. The important here is the subject of the circular which covers the whole of TDS chapter of the Act.
17 January 2014
thank u nikhil ji for your response...
17 January 2014
Yes i was not aware of the circular passed till yesterday which I came to know today and hence my answer above stands modified.
17 January 2014
You are welcome uday. Abd ganesh ji thanka for update.
18 January 2014
Thanks all
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Yes.it is applicable to all sections of tds
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Except on 195
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As circular not clearly shown that contract should be written we dont need to deduct tds if it is shown seperately on invoice
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.
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Yes.it is applicable to all sections of tds
.
Except on 195
.
.
As circular not clearly shown that contract should be written we dont need to deduct tds if it is shown seperately on invoice
.
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