TDS/ TCS provision under GST, Central Government vide notification No.50-Central Tax-Dated 13-09-2018 & notification No.51-Central Tax-Dated 13-09-2018 has appointed 1stday of October 2018 as the date on which the provision of Sec 51 (TDS) & Sec 52 (TCS) shall come into force.
1. Who is required to Deduct TDS under GST
Section 51 of the CGST Act, 2017 has prescribes the authority and procedure for ‘Tax Deduction at Source’
As per section 51(1), the following class of person shall be required to deduct tax at source @2% ( CGST 1% + SGST 1%) on the payment made or credited to the supplier where the total value of supply under a contract exceed Rs.2,50,000/-excluding GST:
(a) a department or establishment of the Central Government or State Government; or
(b) local authority; or
(c) Governmental agencies, or
(d) Following categories of person has been notified vide Notification No.33/2017-Central Tax Dated 15th Sept 2017 under clause 51(1)(d)
a. an authority or a board or any other body, –
(i) set up by an Act of Parliament or a State Legislature; or
(ii) established by any Government,
with fifty-one percent or more participation by way of equity or control, to carry out any function;
b. The society established by the Central Government or the State Government or a Local Authority under the Societies Registration Act, 1860 (21 of 1860);
c. public sector undertakings
2. Deposit of TDS Under GST with the Government:
The amount deducted shall be paid to the Central Government within ten days after the end of the month in which such deduction is made.
3. TDS Certificate under GST
A TDS certificate is required to be issued by deductor (the person who is deducting tax) in Form GSTR-7A to the deductee (the supplier from whose payment TDS is deducted), within 5 days of crediting the amount to the Government, failing which the deductor would be liable to pay a late fee of Rs. 100/- per day from the expiry of the 5th day till the certificate is issued.
4. When GST not to be deducted at Sources (TDS)
No deduction shall be made if the location of the supplier and the place of supply is in a State or Union territory, which is different from the State, or as the case may be, Union Territory of registration of …Continue Reading