Senior EY
1184 Points
Joined September 2009
In CIT(jaipur) Vs. M/s. Rajasthan Urban Infrastructure [2013] It was held by the Hon’ble Rajasthan High Court that if Service tax is payable in addition to professional/ technical fees under the contract, the withholding tax(TDS) will be restricted to the professional fees. Hence, examination of contract terms is imperative.
The Hon’ble Rajasthan High Court held that the words “any sum paid” used in Section 194J of the Income Tax Act, relate to “fees for professional services or fees for technical services”. In terms of the agreement, the amount of Service Tax was to be paid separately and was not included in the fees. Hence the orders passed by Appellate Authority as well as the Appellate Tribunal are in accordance with the provisions of Section 194J of the Income Tax Act.
The circular has been issued by CBDT on lines of this judgement only.
If Service tax is not separately indicated on bill, then tds has to be deducted on service tax amount also.