Bookmarks   Feedback   Annual Subscription   New User   Login  
Tax Management India .com   
   TMI - Tax Management India. Com   
Addition u/s 68 - the loan which has been returned to the respective creditors cannot be taxed in the hands of assessee as its income - Tri    *    CENVAT credit - dumpers/ tippers will be in the nature of inputs for providing Supply of tangible goods services & not capital goods – Tri    *    CENVAT CREDIT ON CERTIFIED COPY OF BILL OF MISC. CHARGES ON FINALIZATION OF BOE    *    Captive consuption to be shown in ER-1 Return filed through ACES system -reg    *    Travelling expenses incurred outside India by on duty employee whether taxable?    *    should i buy machinery after gst or before gst which will be benefit for me    *    After GST - Machinery booking on commission    *    Applicability Of Service tax on Liquidated Damages    *    Dr. Liam Fox, U.K. Secretary of State for International Trade calls on the Union Finance Minister Shri Arun Jaitley: Both the leaders call for forging deeper trade and investment arrangements between the two countries    *    Notification of Protocol for amendment of the Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital gains, and for the encouragement of mutual trade and investment between India and Mauritius    *    Scheme of Rebate of State Levies on Export of Garments 2016    *    CENVAT CREDIT    *    Cenvat credit on water treatment plant    *    Excise Cenvat credit on Electricity Power bill    *    Regarding cenvat credit on service tax on rent a cab    *    Service tax exemption for transportation of life saving medicines    *    Employees sent on deputation to subsidiary/ associate companies (Service Tax)    *    Workshop on Government E-Marketplace (GeM) for Suppliers for E-Procurement    *    Ms. Penny Pritzker, U.S. Secretary of Commerce calls on the Union Finance Minister Shri Arun Jaitley: Both the leaders discussed the measures to increase the bilateral trade among the two countries.    *    Potato Chips as Namkeen    *    LTC exemption for travelling to Sri Lanka    *    Amendment in Notification No.78/2014-Customs (N.T.) dated the 16th September, 2014
News
Home News Commentaries / Editorials Month 8 2008 2008 (8)
← Previous Next →
 

TDS on Service Tax

August 20, 2008
  • News

Whether TDS on service tax is deductible or not?

The issue of TDS on service tax is getting hotter by the day. This issue got fuel with the issuance of a circular by the CBDT. In this circular, board has clarified that tax deduction at source (TDS) under sections 194-I of Income Tax Act would be required to be made on the amount of rent paid/payable without including the service tax. [Circular no. 4 dated 28-4-2008]

After this clarification, every body was of the view that the principle enunciated by this circular is applicable to all the payments made by the assessee and accordingly no TDS is deductible from on the part of service tax whether it is professional's bill or contractor's bill.

But, to settle the issue, CBDT has issued another clarification vide circular F. NO. 275/73/2007IT(B) dated 30-6-2008. In circular CBDT has clarified that the scope of benefit of Circular no. 4 dated 28-4-2008 can not be extended to the payment made under section 194J (Fees for professional and technical services).

Therefore, TDS is to be deducted on the gross amount inclusive of service tax where the payment is being made u/s 194J.

From the reading of both the clarifications, the reasons for two stands in two situations can be discussed as under:

Chapter XVII - Part B - Deduction at source

       Section 194J - Sub Section (1) starts as:

        (1) Any person, not being an individual or a Hindu undivided family, who is responsible for paying to a resident any sum by way of—

       xxxxxxx

       Section 194I - the provisions of this section starts as:

       Any person, not being an individual or a Hindu undivided family, who is responsible for paying to a resident any income by way of rent, shall…………

       xxxxxxxxx

 

Section 194J speaks about deduction of tax at source (TDS) on any sum which is paid to the recipient.

But, Section 194I speaks about the deduction of tax at source (TDS) on any income paid as rent.

 

 


 

← Previous Next →
what is new what is new

Advanced Search

Latest Updates

Forum

Featured

Experts

More Options

Communication




|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map || ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version