Deduction of tds on service tax

838 views 3 replies

Dear Experts/Professional Colleagues,

 

As per the CBDT Circular No. 4/2008 dated 28.04.2008, it is clarified that TDS must be deducted on rent u/s 194-I, exclusive of service tax. The logic given by the department is that, the service tax component does not form part of the service provider's income. For the purpose of service tax, he is merely acting as a collection agency of the Government. 

But my view is that (as have also been pointed out by many experts in this forum earlier), in all the other cases too, the TDS must be deducted exclusive of service tax. In those cases also, the service tax component does not form part of the service provider's income.They are merely acting as a collection agency. Even if we go by the words of Law, except for Section 194C and 194J, TDS must not be deducted on the service tax component as the words "by way of income" is mentioned in the relevant sections. So, the circular issued by CBDT seems to be self-contradictory because it clarifies the matter only with regards to Section 194-I whereas the words "by way of INCOME" is mentioned in many other sub-sections to Section 194 (For example - 194H, 194A etc..).

I dont know whether we have already forwarded our view to the Government or not for consideration, but we as a professionals should go about making such efforts for proposing these amendments to ICAI, which will escalate it to the Government for consideration. 

 

I invite the views of all the experts present in the forum.

 

Replies (3)

Yeah agree

,service tax should be excluded for the calculation of tds

as it is not income of service provider

I am also agree, i don't understnad why only excluded from Rent

The reason is:-

When the Service Tax was levied on Rent several experts in leading financial  and other dailies have pointed out what service a landlord renders in addition to renting out the premises.

This has put the govt. in embarassing position.

If at all anybody approaches the court of law on this point .......

(Several experts have given some leading judgements also on this point i.e of course it does not cover service tax aspect)

Keeping this point in view , I understand the govt. has excluded collecting TDS on service tax portion.

(However I also do not understand if this is correct the Govt . should not have collected any service tax.

and how it wants to protect by merely excluding TDS on service tax and not altogether service tax on Rent is beyond my capacity)

Experts can alone comment. 

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