CBDT Circular on 194J - TDS- Service Tax

Clarification on deduction of tax at source (TDS) on service tax component on
rental income under section 194-I of the Income-tax Act
CIRCULAR NO. 4/2008, DATED 28-4-2008
Representations/letters have been received in the Board seeking clarification as to whether TDS
provisions under section 194-I of the Income-tax Act will be applicable on the gross rental amount
payable (inclusive of service tax) or net rental amount payable (exclusive of service tax).
2. The matter has been examined by the Board. As per the provisions of 194-I, tax is deductible at
source on income by way rent paid to any resident. Further rent has been defined in 194-I as
“rent” means any payment, by whatever name called, under any lease, sub-lease, tenancy or any
other agreement or arrangement for the use of (either separately or together) any,-
(a) land; or
(b) building (including factory building); or
(c) land appurtenant to a building (including factory building); or
(d) machinery; or
(e) plant; or
(f) equipment; or
(g) furniture; or
(h) fittings,
whether or not any or all of the above are owned by the payee;
3. Service tax paid by the tenant doesn’t partake the nature of “income” of the landlord. The landlord
only acts as a collecting agency for Government for collection of service tax. Therefore it has been
decided that tax deduction at source (TDS) under sections 194-I of Income-tax Act would be required to
be made on the amount of rent paid/payable without including the service tax.
4. These instructions may be brought to the notice of all officers working in your region for strict
compliance.
5. These instructions should also be brought to the notice of the officers responsible for conducting
internal audit and adherence to these should be checked by the auditing parties.
[F.No.275/73/2007-IT(B)]
Page 1 of 1 Clarification on deduction of tax at source (TDS) on service tax component on rental inco...
01/05/2008 http://www.taxmann.net/WhatnewNews/flash01052008_1.htm