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TDS on GST

TDS on GST
Who is responsible to deduct TDS

As per Section 51 CGST (Central Goods and Services Tax) Act 2017, provides that
1.A department or establishment of Central Govt or State Govt, or
2.local authority or
3.Govt Agencies or
4.other specified persons are required to deduct
TDS @ 2% (IGST 2%, or CGST 1% + SGST 1%)
from the payment made or credited to supplier,
for supply of taxable goods or services or both

Again as per Central Board of Indirect Taxes and Customs Notification No. 50/2018 dated the 13th September, 2018
following entities are also required to deduct TDS
5.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.
6.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.
7.Public sector undertakings.

What is the threshold limit
where the total value of such supply under a contract is more than Rs 2.50 lacs.To compute the limit the GST separately mentioned in the invoice will not count.
When the location of supplier and place of supply is different from place of the recipient no deduction of TDS is required

When to pay TDS certificate and return
TDS shall be paid to Goverrnment after the 10th day of every month.
The person deducting tax is required to file a TDS return in form GSTR-7 within 10 days from the end of the month.
The person deducting tax has to issue the TDS certificate in form GSTR-7A to the concerned person within 5 days of depositing the tax to the government. Failure to do so will make the person liable to pay a late fee of Rs. 100 per day up to a maximum of Rs. 5000.

Link
Sec 51 of CGST Act
Notification no.50 dt 13.09.18

GST Audit- FORM GSTR-9C

GST Audit FORM GSTR-9C
Notification No. 49/2018 – Central Tax 13th September, 2018
These rules may be called the Central Goods and Services Tax (Tenth Amendment)
Rules, 2018
Those tax payers whose annual turn over exceeds 2 crores need to file Annual return in GSTR 9C. It contains two parts.
PART – A – Reconciliation Statement
PART – B- CERTIFICATION
Certification in cases where the reconciliation statement (FORM GSTR-9C)
is drawn up by the person who had conducted the audit.

Link;

GST Audit

GSTR 9- Annual return

GSTR 9 is annual return filed by a peraon registered under GST.
It shows the supplies received/made during the year classified under CGST,SGST& IGST.It is a summary po periodical returnsie monthly /quarterly.
Following are exempt from Annual return filing in Form 9
1) Casual Taxable Person
2)Input service distributors
3)Non-resident taxable persons
4)Persons paying TDS under section 51 of GST Act.

Types of forms under Annual return

GSTR 9 : filed by the regular taxpayers filing GSTR 1,monthly
GSTR 9A – filed under composition scheme.
GSTR 9B – E-commerce operators .They file GSTR 8 during the financial year.
GSTR 9C – filed by the taxpayers whose annual turnover exceeds Rs 2 crores during the financial year.
The assessee filing 9C should get their accounts audited and file audited annual statement and recocilation along with Form GSTR 9C

GST notifications dated 13.09.2018

49/2018-Central Tax ,dt. 13-09-2018
Notification amending the CGST Rules, 2017 (Tenth Amendment Rules, 2018)

50/2018-Central Tax ,dt. 13-09-2018
Seeks to bring section 51 of the CGST Act (provisions related to TDS) into force w.e.f 01.10.2018

51/2018-Central Tax ,dt. 13-09-2018
Seeks to bring section 52 of the CGST Act (provisions related to TCS) into force w.e.f 01.10.2018

http://www.cbic.gov.in/htdocs-cbec/gst/central-tax-notfns-2017

How long ITC can be carried forward

No time limit in the GST laws for carrying forward of unutilised ITC. It can be carried forward to indefinite period until it is set off against output tax liability.

ITC can be claimed/availed upto the due date of furnishing of return for the month of September following the end of the financial year to which the invoice pertains

Or

Date of furnishing of the relevant annual return,

Whichever is earlier.

Expectations of this 29th GST Council meeting to Boost MSMEs

Following areas under consideration to support MSME:

1) A threshold exemption of Rs 20 lakhs for Inter-state supplies.
2) Exemption of E way bill with in state and to increase exemption limit to Rs 1 lakh
3) Tax rates for SME units manufacturing agro products reduced to a maximum of 5%.
4) Speed up refund procedure
S) A new definition to MSME on the basis of turnover.
6) Find solutions for VAT disputes

Kerala Floods: Due Date for IT Returns Extended to Sept 15

Due to severe floods in Kerala, the Central Board of Direct Taxes (CBDT) further extends the “Due Date” for furnishing Income Tax Returns from 31st August, 2018 to 15th September, 2018 for all Income Tax assessees in the State of Kerala, who were liable to file their Income Tax Returns by 31st August, 2018.