Mihir Doshi
(B.Com, CA, CS, LLB)
(2187 Points)
Replied 22 November 2012
Dear Shwetha,
Kindly go through Section 194 I and circular no. 4/2008.....Which says that in case of Payment falls under 194I then TDS should be deducted on the amount after excluding Service Tax portion. There wont be TDS deduction on the part of Service Tax. Only Rental portion is covered.
Thanks
Mihir Doshi
harsh bathwal
(Student CA Final )
(26 Points)
Replied 01 January 2014
IF THE PARTY IS CHARGING SERVICE TAX IN THE BILL THEN AS PER THE RELEVANT PROVISIONS YOU SHOULD DEDUCT TDS ON GROSS AMOUNT THAT IS
TDS= (AMOUNT+SERVICE TAX )*RATE OF TDS
IF THE PARTY FAILS TO CHARGE SERVICE TAX DUE TO SOME REASONS THEN ON OUR PART TDS SHOULD BE CHARGED ON TOTAL AMOUNT AS USUAL.
EXCEPTION : SECTION 194I
Prashant T
(Accountant)
(66 Points)
Replied 11 January 2014
Dear sir
pl let me advice
if XYZ raised invoice of Agency Charges of Rs. 35000/= + Service Tax 4326/= Total 39326/=
please let me knw about TDS ? Should I deduct TDS u/s 194J on 35000/= or 39326/=
please advice sir
CAclubindia
