Sunday, January 19, 2014

No TDS on Service Tax under Sec-194J Professional Fees Circular No. 01/2014 dated 13.01.2014

The Central Board of Direct Taxes has issued Circular No. 01/2014 dated 13.01.2014 clarifying that TDS under Section 194J of the Income tax Act,1961 shall be deducted on the amount paid/payable as per the agreement, without considering the Service tax portion. But it is necessary that the Service tax payable is shown separately on the invoice. 

For Example


Auditor Fees for the year 2012-13           1,00,000.00
Service Tax @ 12%              12,000.00
Ed.Cess @ 2%                   240.00
Sec.Ed.Cess @ 1%                   120.00
Total           1,12,360.00

TDS shall be deducted only on Rs 1,00,000/- as per above Circular No. 01/2014 dated 13.01.2014 it will not deducted on Service Tax. The condition in this circular is service tax shall be shown separately in the invoice.