TDS under GST (Section 51 of CGST Act)- Applicable from 1st October 2018
Who Is Liable To Deduct TDS – Section 51(1)
1. Central or State Govt Departments or Establishments
2. Local authority
3. Governmental agencies
4. Entities where 51% Equity or control owned by Govt.
5. Registered Societies of Central or State Govt and Local Authority
6. Public sector undertakings
What is the rate of TDS
Rate and Type of TDS {Section 51(1)}
Value on which TDS shall be deducted
- TDS shall be deducted on basic value excludind GST charged on the invoice for supply of goods, services or both. {Explanation to Section 51 (1)}
- Example: A Ltd invoice to B Ltd
| S.No | Invoice Particulars | Amount (Rs.) |
| 1 | Base value of Invoice | 10,00,000 |
| 2 | GST Charged on Invoice | 1,80,000 |
| 3 | Total Invoice Value | 11,80,000 |
| 4 | TDS to be deducted by B Ltd (10 Lacs X 2%) | 20,000 |
TDS is not required to be deducted
- Single contract value excluding GST does not exceed Rs. 2,50,000/- .{Section 51(1)}
Example: B Ltd gives two separate PO/ Contracts to A Ltd
| Particulars | Purchase Order No. 01 | Purchase Order No. 02 |
| Purchase Order Value excluding GST | 2,50,000 | 3,00,000 |
| GST on the above PO value- @18% | 45,000 | 54,000 |
| Total Purchase Order Value | 2,95,000 | 3,54,000 |
| Applicability of TDS | NO | Yes |
TDS is not required to be deducted
- When supplier and place of supply is in the same State and the Recipient is registered in another State. {Section 51(1)}
- No TDS deduction on supplies from Unregistered person (Notification No 9/2017-Central Tax)
- Example: Cases
| Sl. No. | Location of Supplier (A Ltd) |
Place of Supply |
State of registration of recipient (B Ltd) |
Type of Supply |
TDS under GST | Type of GST |
| 1 | Delhi | Delhi | Delhi | Intra State | Yes | CGST+SGST |
| 2 | Delhi | Haryana | Haryana | Inter State | Yes | IGST |
| 3. | Delhi | Haryana | Karnataka | Inter State | Yes | IGST |
| 4. | Delhi | Delhi | Haryana | Intra State | No | Not Applicable |
When to Deduct TDS
- On payment to the supplier or credit to the account of supplier.{Section 51(1)}
Example: Service Contract Value Rs. 1 Crores
| Particulars | 10% Advance Money received (Rs in Lacs) | Subsequent Invoice (Rs in Lacs) |
| Base Value | 10 | 5 |
| Add GST Charged | 1.80 | 0.90 |
| Total amount to received | 11.80 | 5.90 |
| TDS Deduction -@2% | 0.20 | 0.10 |
TDS Deductor Compliance
| Compliance | Time Limit/ Penal Provision |
| Registration requirement
{Section 24 (vi)} read with { Section 25(6)} |
|
| Date of deposit of TDS {Section 51(2)} | 10th day of Next Month |
| Filing of TDS return {Section 39 (3)} | Same as above |
| Issue of TDS certificate {Section 51(3)} | Within 5th day of payment |
| Late Fees for not issuing the TDS Certificate {Section 51(4)} | Rs. 100 per day (Maximum Rs. 5,000) |
| Late filing of TDS return{Section 51(4)} | Same as above |
| Interest for non-payment of TDS {Section 51(6)} | 18% Per annum |
Credit of TDS to the Supplier
- Supplier can utilise TDS deducted by deductor which will be automatically reflected in its Electronic Cash ledger upon furnishing TDS return by deductor.{Section 51(5)}
Example:
Refund of TDS under GST
- Refund to Deductor {Section 51(8)}
> Can claim excess or erroneous refund if TDS is not already added to the electronic cash ledger of the supplier.
- Refund To Deductee {Section 51(8)}
> Refund application of excess balance in Electronic Cash Ledger shall be filed.
- Time Limit for Refund
(Section 54 (1) + Explanation 2 to Section 54)
> Online application shall be filed with 2 Years from the date of payment of Tax/TDS
Accounting of TDS Under GST
1. Creation of three general ledger in books
- CGST TDS Receivable Account
- UT/SGST TDS Receivable Account
- IGST TDS Receivable Account
2. Aforesaid accounts will be debited with amount of credit in respective Electronic Cash Ledger (ECL) made by deductor in GST portal.
3. At the time of utilisation of TDS amount from ECL for payment of GST liability in GST portal correspondingly above TDS Receivable account will credited in respective Output GST liability or GST Liability clearing account in books as per GL configuration.
Author Bio
what about if extra GST TDS PAID
kindly tell me any solution and procedure
Is there any notification or circular for the Non Deduction of TDS on supplies from Unregistered person since the Notification No.9/2017-CT mentioned above does not clarify the same.
No
Is private company also liable to deduct tds from 1st october 2018. according CGST Act 51 (1).