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Issue ID: 767
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Tds on service tax on rent

Date 02 May 2008
Replies 2 Replies
Views 2235 Views
Asked by
TDS on service tax: service tax component should not be subject to withholding, but statutory wording needs clarification.
Whether TDS applies to the service tax component of rent and other payments is uncertain: administrative guidance supports non-deduction for service tax on rent, but differing statutory wording - rent-focused provisions referring to payment for use of land and other provisions referring to any sum - creates ambiguity, prompting a call for explicit governmental clarification to remove compliance risk. (AI Summary)

In view of recent CBDT circular dt 28.4.08 reg non deduction of TDS on service tax on rent payment. In view of this logic I am of the view that TDS is not required to be deducted on service tax component on payment under any section 194C/194J & so on. Kindly give your view.

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