SIVASIVA (FCA, Future CA) (4935 Points)
04 June 2010Can any one tell me whether TDS deductible on Rental payment is whether on AMOUNT INCLUDING SERVICE TAX or excluding service tax.
This confusion is mainly because for all the other payments it is on the Gross amount including S.T.
Further, if there is so, is THERE ANY SPECIFIC AMENDMENT.
Awaiting Golden Hearts to share their Experience
CA Amit Kumar Khaitan
(Research Analyst)
(360 Points)
Replied 05 June 2010
'194I----ANY AMOUNT PAID AS RENT' WILL NOT INCLUDE ST BECAUSE IT IS NOT PAID AS RENT BUT AS ST ONLY
Prejith
(Pursuing CA)
(92 Points)
Replied 05 June 2010
Agreed with the above answers.
According to Sec 194 I, A person (not individual & HUF) who is responsible for paying any person any INCOME by way of rent. Whereas in all other sections it's about any SUM paid to any person, and so in my opinion service tax has to be included for all such payments excluding rent.
So i think TDS on rent should be excluding service tax.
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India
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