All About TDS Under GST (Section 51 of CGST Act)

Get All the information about TDS Provisions Under GST Law Effective from 01.10.2018 – Registration Requirement, TDS Rates, Applicability, Time Limit, Filing of Return etc.

Asked on October 8, 2018 in GST.
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    GST TDS –  At a glance

    Section – 51 of CGST Act Effective Date: 01.10.2018

    Persons notified vide Notification No. 33/2017 – Central Tax, shall be liable to deduct tax @1% under CGST and 1% under SGST from the payment made or credited to the supplier of taxable goods or services or both if the total value of such supply, under a contract, EXCEEDS TWO LAKH AND FIFTY THOUSAND RUPEES (Rs. 2,50,000).

     

    Notified persons 33/2017:

    (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) 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

    Read: Persons liable to deduct tax under GST Law

     

    Registration Requirements:

    The person mentioned in above notification have to take separate Registration (REG 7) under GST Act as TDS Deductor.

     

    Time limit to deposit tax

    GST TDS Deductor shall deposit tax within ten days after the end of the month in which such deduction is made.

     

    Rate of interest in case of default in deposit

    Rate of interest: interest needs to be paid @18% p.a. in case of default in payment of tax deducted.

     

    Particulars & time of issuance of Certificate of deduction of tax:

    GST TDS Deductor shall issue certificate within five days of crediting the amount so deducted to the Government with the following particulars:

    • the contract value,
    • rate of deduction,
    • amount deducted,
    • amount paid to the Government
    • Other particulars as may be prescribed.

     

    Late fees for non-issue of certificates as mentioned above:

    100/- rupees per day, maximum five thousand rupees. Late fees applicable from the day after the expiry of such five days period until the failure is rectified.

     

    RETURNS TO BE FILED BY DEDUCTOR (GSTR 7):

    The person deducting tax is required to file a TDS return in form GSTR-7 within 10 days from the end of the month.

    Note: When GSTIN of the unregistered supplier is not available, their name can be mentioned.

    Answered on October 8, 2018.
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