CBDT clarifies, no TDS on Service Tax in all payments to Residents
The CBDT had clarified initially on no tax deduction on service tax component in the case of TDS on Rent u/s.194-I. However, with the instant circular, the said clarification has been extended to all payments to residents.
The CBDT has clarified by CIRCULAR NO. 1/2014 [F.NO.275/59/2012-IT(B)], DATED 13-1-2014 that NO TDS to be deducted on the Service Tax Component comprised of payments made to Residents if indicated separately. To clarify further, if the fees are inclusive of service tax component and the service tax is not separately charged in the bill, on the gross amount of fees tax is to be deducted. However, if the service tax component is charged separately and fees are exclusive of service tax, no tax is to be deducted on the service tax component.
The Board had issued a Circular No.4/2008 dated 28-04-2008 wherein it was clarified that tax is to be deducted at source under section 194-I of the Income-tax Act, 1961 (hereafter referred to as ‘the Act’), on the amount of rent paid/payable without including the service tax component. Representations/letters has been received seeking clarification whether such principle can be extended to other provisions of the Act also.
Attention of CBDT has also been drawn to the judgement of the Hon’ble Rajasthan High Court dated 1-7-2013, in the case of CIT (TDS) Jaipur v. Rajasthan Urban Infrastructure (Income-tax Appeal No.235, 222, 238 and 239/2011), holding that if as per the terms of the agreement between the payer and the payee, the amount of service tax is to be paid separately and was not included in the fees for professional services or technical services, no TDS is required to be made on the service tax component u/s 194J of the Act.
The matter has been examined afresh. In exercise of the powers conferred under section 119 of the Act, the Board has decided that wherever in terms of the agreement/contract between the payer and the payee, the service tax component comprised in the amount payable to a resident is indicated separately, tax shall be deducted at source under Chapter XVII-B of the Act on the amount paid/payable without including such service tax component.
