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Tds deduct

sathis (accounts executive) (311 Points)

27 October 2009

Dear All,

When I go to deduct tds on contract that deduction made including service tax or excluding service tax? Please tell me. What are same thing to tds on rent?

Advance Thanks & Regards

Sathis

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15 Replies

ashish gupta ( student) (1922 Points)
Replied 27 October 2009

On full amount including the amount of service tax

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Batul (Article assistant) (207 Points)
Replied 27 October 2009

yes tds is to be deducted on the bill amount + service tax

praveen (Chartered Accountant) (6971 Points)
Replied 27 October 2009

TDS deduction must always be inclusive of service tax.

However there is a circular for excluding service tax while deduction of Tax on Rent paid.

CA Suri Kota (Assistant Manager @ EY) (955 Points)
Replied 27 October 2009

Praveen is correct.......only in case of rent it is different........................

Sandeep Pandey (CA FINAL) (1306 Points)
Replied 27 October 2009

Ya even i agree with Praveen...........................

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samip karpe (accounts assistance) (152 Points)
Replied 27 October 2009

50000/- Contract Value

5150/- Service Tax

55150/- Total Bill

so you have to deducted Tds on 55150/-

CA Suri Kota (Assistant Manager @ EY) (955 Points)
Replied 27 October 2009

Yes........TDS has to be deducted on 55150.....from the assesse's point of view its an expediture (Contract charges)irrespective of the fact that 5150 is service tax component for the service provider.

Hence TDS has to be deducted on Rs. 55150/-...........

punam (article assistant) (56 Points)
Replied 27 October 2009

In case of payments in relation to rent, TDS need not be deducted on Service tax portion. This position has been clarified by Cirular No 04/2008.

subhash sharma (Accountant) (28 Points)
Replied 27 October 2009

In case contract TDS dedut on Total bill amount (Basic+ST) and Rent case it will be deducted on only rent amount ( excliding service tax)

kumar vivek (CA) (190 Points)
Replied 27 October 2009

in normal circumstances, you have to deduct TDS inclusive of service tax. However , there is only one exception to it. TDS is to be deducted exclusive of service tax when u pay rent on commercial property.

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RANJAN (C.A.) (102 Points)
Replied 27 October 2009

TDS has to be deducted on Amount excluding service tax because the service tax collected by the deductee is his liability and not his income

santhosh (Student) (1174 Points)
Replied 28 October 2009

Agreed with above discussions... TDS has to be deducted on bill value on all services execpt in rent....

Yogesh (Accounts Exec) (27 Points)
Replied 28 October 2009

TDS will be deducted on the gross bill ammount i.e including Service Tax.In rent case we debit the full amount ( Including S.T. ) to Rent A/c & not mentioning anywhere the ST separately, hence actual rent paid is including ST,hence TDS deduction would be on Rent + ST.