Tds with service tax
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
16 September 2014
My Client Paid Consultancy fee RS 33708 including Service TAx Now I Want To Deduct TDS But Excluding Service Amount is Rs 30000 so Should i deduct TDS O NO?
16 September 2014
ideally if this is the only payment to be made, no TDS should be deducted as the amount paid doesn't exceed Rs 30000.
16 September 2014
The payment is in excess of Rs 30000 so deduct TDS only on Rs 30000 excluding service tax.
16 September 2014
Agree with view of Nikhil Ji. TDS applicable on amount excluding service tax. Since the Fees is Rs 30000 which is within the threshold limit, TDS not required to be deducted provide this is the only payment during the FY.
17 September 2014
For excluding service tax amount from TDS two conditions should be satisfied.
1. It should be agreed to pay the service tax Separately ie in addition to the consideration for the services
2. In the invoice the service provider should have charged the service tax separately
Only if both the conditions are meet the service tax portion can be excluded from TDS
In short if the price agreed is all invlusive of taxes then the TDS has to be effected on the gross value of invoice including the servicetax .
1. It should be agreed to pay the service tax Separately ie in addition to the consideration for the services
2. In the invoice the service provider should have charged the service tax separately
Only if both the conditions are meet the service tax portion can be excluded from TDS
In short if the price agreed is all invlusive of taxes then the TDS has to be effected on the gross value of invoice including the servicetax .
17 September 2014
whether sep or in invoice service tax is charged no tds is dedcutible as per notificartion number 1/2014 and u need to exclude service tax while cal 30,000 limit u/s 194C for 1 time transaction hence in ur case its not excedding 30,000 (excluding service tax ) hence no tds is applicable in this case
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