DOWNLOAD INCOME TAX FORMS A/Y 2014-15
ORIGINAL SOURCE - CLICK HERE TO VIEW
CLICK HERE TO DOWNLOAD CIRCULAR
CLICK HERE TO VIEW / DOWNLOAD
CLICK HERE TO DOWNLOAD CIRCULAR
CHAPTER XVII-B OF THE INCOME-TAX ACT, 1961 - COLLECTION AND RECOVERY
OF TAX - DEDUCTION AT SOURCE - CLARIFICATION REGARDING TDS UNDER CHAPTER XVII-B ON SERVICE TAX COMPONENT COMPRISED OF PAYMENTS
MADE TO RESIDENTS
OF TAX - DEDUCTION AT SOURCE - CLARIFICATION REGARDING TDS UNDER CHAPTER XVII-B ON SERVICE TAX COMPONENT COMPRISED OF PAYMENTS
MADE TO RESIDENTS
CIRCULAR NO. 1/2014 [F.NO.275/59/2012-IT(B)] DATED 13-1-2014
1.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.
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.
extended to other provisions of the Act also.
2.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.
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.
3. 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.
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.
4. This circular may be brought to the notice of all officer for compliance.
CLICK HERE TO VIEW / DOWNLOAD
| File | Size | |||
|
| 24.26 KB Date 07/12/2013 |
