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Service tax on Income tax deducted at source - Service Tax

Issue Id: - 2914
Dated: -22-03-2011
By:- Mukund Honkan
Service tax on Income tax deducted at source

Service tax earlier to recent budget presented in Feb 2011 was payable on actual receipt from vendors. If vendor has deducted TDS but not paid balance amount, whether one should deposit services tax on TDS amount. Regards, Mukund M Honkan

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Dated: - 23-03-2011
By: - CA Rachit Agarwal

Yes. Service Tax will be paid on the TDS amount.

The person deducting the tax has paid the amount to you indirectly. He has deposited the tax for which credit would be availed by you.

Hence Service tax woule be applicable on the gross amount (Amount received plus the tds)


Dated: - 23-03-2011
By: - Mukund Honkan

Thanks for feedback. Are there any relevant case laws thanks Mukund M Honkan



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