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Q. > Please Help: Tds u/s 195
Whether tds to be deducted on service tax portion u/s 195
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Rambabu Senkarasetti
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CA Satuti Mahajan
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Ashish Karundia
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Mrattunjay
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PRIYANKA
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CA. SURESH Kr. AGARWAL
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Vaneet Gupta
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Ketan Samdani
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Comments
Alok Kushwaha
14-Feb-2015 , 02:11:57 pmOn the basis of administrative circulars and judicial decisions. The TDS on service tax portion will be decided on the basis of the agreement/contract between the parties, service tax is separately payable, there would be no deduction of tax at source on the service tax component of the agreement. But where there is no such agreement, TDS would be deductible on the gross amount payable in regard to the entire contract.
Shweta Grover
14-Feb-2015 , 10:21:57 pmSince you are making payment to a Non-resident then amount of service tax is required to be paid by you under reverse charge mechanism and therefore no TDS to be deducted on that amount.
Aditya Goel
19-Feb-2015 , 06:17:34 pmTDS to be deducted on the amount exclusive of Service Tax if the Service tax portion is shown separately else on total amount. (logically, TDS needs to be deducted from the income of the recipient and service tax is not an income).