TDS applicability on "Service Tax Component"

[Asked by Guest]

Whether TDS is to be made on "Service Tax Component" included in a bill of Consultancy Services/Commission etc..

[ranganath shenoy]

In my humble opinion, whatever said and done,the service tax we collect is in trusteeship capacity on behalf of the govt.The same is not our income in true sense of the term.The issue needs to be taken up.Strangely the department is silent on such an important issue.

Though, logically it can be said that TDS should not be made applicable on Service tax component, the CBDT vide its letter dated 21.7.06 to CCIT, Mumbai has clarified that TDS is to be applied on the entire sum payable including service tax.

AI Summary

TDS on service tax: withholding applies to the entire payable amount including the service tax component.
The note contrasts a trusteeship-based view that service tax collected is not the recipient's income and thus should be excluded from TDS with an administrative clarification requiring TDS to be applied to the entire payable amount, explicitly including the service tax component, resulting in a directive to compute withholding on the full bill amount.