Nagesh M R (Service) (113 Points)
31 December 2008We are availing services from overseas Agency. At present we are doing calculation as follows
Rs. 1000/- - Transferred to Overseas Agent
Rs. 100/- - TDS
Rs. 112/- - Service Tax amount,
Now issue is whether we have to include TDS amount at the time of calculation service tax or Not
Your immediate advice is requested as we have to close our books by 14:00 hrs today.
Regards
Nagesh M R
CA CS Akashdeep Singh
(Practicing CA)
(1394 Points)
Replied 31 December 2008
If you pay Rs. 1,000/- to overseas agent, it is assumed that you pay after deduct the TDS and as given above TDS is Rs. 100.
It means you have to calculate service tax on Rs. 1,100/-
Madhukar N Hiregange
(Chartered Accountant)
(39034 Points)
Replied 31 December 2008
The TDS has to be included. If the service is for export of goods for which you are required to pay the commission , you need not pay on reverse charge basis upto 10% wef 7.12.2008. Earlier the rate was 2%.
Warm Regards
Madhukar
Nagesh M R
(Service)
(113 Points)
Replied 31 December 2008
Dear Madhukar Sir,
Sincere, Thanks for your advice, we are availing architect service from overseas professional.
So, commission will not araise in this case
Regards,
Nagesh M R
srinivas
(employee)
(22 Points)
Replied 31 December 2008
if you are getting a invoice for Rs. 1000 from the vendor how can we add the TDS amount to the base amount for calculating service tax
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