GST ALL ABOUT GST TDS

ALL ABOUT GST TDS

 

GST TDS is the system through which certain percentage of tax is collected at the source of the income. Certain Government Department, Local Authorities, Agencies and Public Sector Undertaking are required to deduct GST TDS. GST TDS is a dynamic tool for reduction of tax evasion.

As per Section 51 of the CGST Act, 2017 it contains the provisions of TDS under GST. As per the said provisions, following list of persons are liable to deduct TDS under GST: -

  • A department or establishment of the Central Government or State Government
  • Local authority
  • Governmental agencies
  • Such person or category of persons as may be notified by the Government on the recommendations of the Council.

 the Government introduce following additional category of person liable to deduct tax at source, via notification no. 33/2017 dated 18.09.2017:

  • An authority or a board or any other body which has been set up by Parliament or a State Legislature or by a government, with 51% equity (control) owned by the government;
  • A society established by the Central or any State Government or a Local Authority and the society is registered under the Societies Registration Act, 1860;
  • Public Sector Undertakings.

TDS Rate under GST

The TDS rate under GST is 2%. It means that the deductor has to deduct TDS @ 2% on the payment made or credited to the deductee for supply of taxable goods or services or both.

GST Registration mandatory

It is mandatory to obtain GST registration for the person who are liable to deduct TDS as per the provisions of section 51 of CGST Act, 2017. If GST registration is not taken, then exemption limit is not applicable to such persons. Unique feature of GST registration,is that PAN is not compulsory for obtaining GST registration, however, GST registration can be obtained on the basis of existing Tax Deduction and Collection Account Number (TAN).

Liability for Deducting TDS under GST

GST TDS is required to be deducted when total value of supply, under a contract, exceeds an amount of INR 2,50,000/-.

For the purpose of deduction of GST TDS, the amount of value of supply shall be excluding the amount of central tax, state tax, union territory tax, integrated tax and cess as mention in the invoice.

GST TDS Non-Applicable

When both the supplier and the place of supply are different from the recipient, no tax deduction at source would be made.

Payment of GST TDS to which government

The deductor of TDS is required to deposit the amount deducted to the Government on the 10th day of the succeeding month in which the tax is deducted. The payment of TDS should be made to the respective Government i.e. IGST and CGST should be deposited to Central Government and SGST should be deposited to State Government.

Penalty for not issuing certificate within time limit

TDS certificate in FORM GSTR-7A is to be issued by the deductor to the deductee within a period of 5 days of crediting the amount to the Government. In case the deductor fails in issuing the certificate in required time limit, he would be liable to pay a late fee of INR 100/- per day from the expiry of the 5th day till the date certificate has been issued. Maximum amount of late fee payable would be INR 5,000/-.

GST TDS Credit

GST TDS deducted by the deductor and deposited to the Government shall be shown in the electronic cash ledger of the deductee. The deductee would be able to use the said amount against payment of tax.

Liability of Return Filing

The person deducting TDS is liable to file GST return in FORM GSTR-7 within a period of 10 days from the end of the month.

GST TDS Refund

When TDS has been deducted in excess of the amount actually to be deducted, then, in such case deductor or deductee can claim for refund of such excess TDS. However, if the excess amount deducted is already credited in electronic cash ledger of the deductee than no refund will be given.

Disclaimer:

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances; Before making any decisions do consult your Professional / tax advisor. For misrepresentation or interpretation of act or rules Author does not take any responsibility. Neither the author nor the firm accepts any liability for the loss or damage of any kind arising out of information in this document or for any action taken in reliance there on. The author is a Chartered Accountant and the Chief Gardener & Founder Director of Rajput Jain & Associates , a leading Tax & Investment Planning Advisory Service Provider. His blog can be found at http://carajput.com/blog/For any query you can write to info@carajput.com. Hope the information will assist you in your Professional endeavors. For query or help, contact:   info@carajput.com or call at 09811322785/4 9555 5555 480)

 

Share This Post

Related Articles

Need help?

Request a call
from a RJA
Business Advisor.

LET'S TALK

Popular Categories

Recent Posts

guide-to-company-registration.jpg

Guide to Company Registration

review-of-new-company-approval-process.jpg

Review of New Company Approval Process

requirements-for-company-registration.jpg

Requirements for Company Registration

gst-impact-on-e-commerce-sector.jpg

GST Impact On E-Commerce Sector

gst-impact-on-energy-sector.jpg

GST Impact on Energy Sector

Connect with a RJA Advisor

Fields marked with an * are required

Share this article on

Money Back Guarantee

Not happy with the service? You can request a refund at anytime within 30 days!

24/7 Support

Get support through phone, email, mobile app or live chat - 24/7, 365 days.

EMI Payment

Easily pay online with EMI payments, credit or debit card, net banking, PayPal and more.

Legal Disclaimer--

The information contained on this website merely provides details of our firm to persons who have shown interest in knowing more about us and is not intended to solicit work or advertise our capabilities in any manner. The information provided on this website is general in nature and should not be used as a basis of decision-making without further professional advice. The third party site links are only provided for ready reference of the users and CA Rajput Jain & Associates neither controls their content nor undertakes any responsibility regarding them.

© 2016 Rajput Jain & Associates | All Rights Reserved