TaxTMI 
TaxTMI 
Service tax after tds
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....ervice tax after tds<br> Query (Issue) Started By: - Chander Shekhar Dated:- 3-7-2007 Last Reply Date:- 6-7-2007 Service Tax<br>Got 3 Replies<br>Service Tax<br>Please inform if Service tax on rent will be payable by Landlord or Tenent. will it be charged after TDS Reply By Surender Gupta: The Reply: As per the provisions of statute, service tax is to be paid by the landlord. TDS is to be deducted....
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.... on gross value inclusive of Service Tax Reply By Madhukar N Hiregange: The Reply: This is a major problem where the contracts are netered into earlier. Where the contracts mention servcie tax included then there is no doubt that the landlord is liable under contract act. However when entering into a contract even where the contract is inclusive of all taxes, the fact that service tax was not appl....
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....icable as on that date I understand amount to NO CONSENSUS OF MIND. There may bea civil remdy. However under ST provisions the amountof rent recived by the landlord would be said to be inclusive of ST and to that extent marginal relief maybe possible. Reply By V Ramanujam: The Reply: As per the provisions of Service tax law, tax liability would fall on landlord and it is his obligation to registe....
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....r and pay the tax. However, service tax being indirect tax levy, the same can be recovered from the tenent by raising a bill. With regard to TDS, as per Sec.194I of IT Act, rent means any payment by whatever name called for the use of the premises.... Service tax is charged on rent for the use of premises by the tenent only and hence TDS is deductible on the gross amount paid including service tax....
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.... on rent.<br> Discussion Forum - Knowledge Sharing ....