Tds

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I HAVE RECD INCOME FROM PARTNERSHIP FIRM INCOME OF RS.10000 SERVICE TAX RS. 1500 TOTAL RS. 11500 TDS SHOULD BE DEDUCTED ON WHOLE AMT 11500/- OR IT SHOULD BE DEDUCTED ONLY ON RS. 10,000/- KINDLY SUGGEST. THANKS/REGARDS SANJAY HG +91 9964606463
Replies (8)
TDS will be deducted by those who make payment i.e.partnership firm will deduct TDS before u get ur money and it's deducted only on 10000.

our onther branch is located in chennai ther partner ddeduct the tds on gross sales 

for exmp:  

total sales   -     1,00,000

service tax15%-15,000

total sales is - 115000

tds2% on (115000)     -2300

 

its correct or not

 

The Central Board of Direct Taxes has clarified that tax deducted at source (TDS) will only apply to deals which are in the nature of "contract for work" and not those involving sale transactions. 

TDS DEPENDS ON WHAT MENTION IN SALES INVOICE 

IF INVOICE FOR SERVICE RECEIVED (WEAHER IT IS CONTRACT

OR RENT OR COMMSSION ETC) TDS IS APPLICABLE AND TDS

IS DEDUCTED ON AMOUNT BEFORE SERVICE TAX 

As per the CBDT Circular 1/2014 dated 13.01.2014, TDS need not be made on the amount of service tax included in the invoice, provided, the Service tax amount is shown separately.

Hence in your case, if the ST amount is shown separately, the Tax needs to be deducted only on the income amount (Exclude ST) ie., TDS shall be x% of Rs. 10,000 only if ST Rs.1,500 was shown separately in the invoice.

Regarding the Chennai branch, the partner would be right only if the invoice was not showing ST amount separately.

 

Also, plz check the applicability of TDS, depending on the nature of income and the TDS limits, esp if Rs.10,000 is the only amount you have received from the firm, you may not be liable for TDS.

TDS should be deducted on 10000/- by partnerahip firm and the same will be sgown in your 26AS
and upon service tax firm will get input tax credit under Reverse charge mechanism

Not TDS should be deducted on the Service Tax amount.

thank u sir ,

 

and its a Partnership Firm

Every Month Chennai Branch send the money

Partner Ship Firm  OR Revenue Sharing Business its Liable for TDS ? 

 


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