13.

TDS & TCS

Content of Chapter 13

Concept 1. – Introduction

Concept 2 – TDS
Concept 3- TCS

Concept 1- Introduction
1.This concept of TDS ensures regular inflow of tax collection to the Government.
2.Also, with the integration of data furnished by the Supplier and Buyer on the GST
common portal, there exists an audit trail to ensure for harmony of taxes
paid by the supplier

Concept 2 – TDS

2.1 – Section 51
Sr Particulars Remarks
no
1. Deductors (section 51) 1.CG/SG department or establishment [Section 51(1)(a)
2. Local Authority [Section 51(1)(b)]
3. Governmental Agencies [Section 51(1)(c)]
4. Notified Persons/category of persons [Section 51(1)(d)]
2 Notified persons 1. Authority or a board or any other body set up by an Act of
(deductor) parliament or a State legislature or established by any Government
in which 51% or more participation by way of equity or control is
with the Government.
2. Society established by the Central Government or the State
Government or a Local Authority under the Societies Registration
Act, 1860;
3.Public sector undertakings
3 Deductee Suppliers whose total value of supply of taxable G or S under a
contract exceeds ` 2,50,000 exclusive of tax & cess as per the
invoice
4 Rate of TDS TDS-1% +1% [CGST + SGST] on net value of taxable supplies
5 Threshold limit ` 2,50,000

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 6 Deduct TDS The deductors have to deduct tax at the rate of 2% from the
payment made or credited to the supplier
7 Value of Supply Amount indicated in the invoice excluding GST, Taxes and Cess
8 (i)
Categories of persons 1.When goods and/or services are supplied from a public sector
not liable to deduct undertaking (PSU) to another PSU, whether or not a distinct
TDS person
(ii) 22 When supply of goods and/or services takes place between one
person to another person specified in clauses (a), (b), (c) and (d)
of section 51(1) of the CGST Act.

9 Deposit of TDS with By 10th of the succeeding month.

the Govt.
10 TDS certificate Form GSTR7A
11 Return to be filed by GSTR-7 (covered in chapter of Returns)
Deductor
12 Default by Deductor TDS + Penal Interest u/s 50
not deposited TDS to
the Govt
13 For deductee 1) TDS amount to be reflected in E-cash ledger
2) The deductee can claim credit of the tax deducted, in his
electronic cash ledger. This provision enables the Government to
cross check whether the amount deducted by the deductor is
correct and that there is no mis -match between the amount
reflected in the electronic cash ledger and the amount shown in
the return filed by deductor.

Note: The deductor or the deductee can claim refund of excess deduction or
erroneous deduction. The provisions of section 54 relating to refunds would
apply in such cases.(will be learnt in the final)

Concept 2.2 – No TDS

When the location of the supplier and the place of supply is a State/Union territory which
is different from the State/Union territory of registration of the recipient, there will be no
TDS

1) Supplier, place of supply and recipient are in the same state.

It would be intra-State supply and TDS (Central plus State tax) shall be deducted. It
would be possible for the supplier (i.e. the deductee) to take credit of TDS in his
electronic cash ledger.
2)Supplier as well as the place of supply are in different states.
In such cases, integrated tax would be levied. TDS to be deducted would be TDS

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 13. TDS & TCS
(Integrated tax) and it would be possible for the supplier (i.e. the deductee) to take
credit of TDS in his electronic cash ledger.
3)Supplier as well as the place of supply are in State A and the recipient is located
in State B.
The supply would be intra-State supply and Central tax and State tax would be levied.
In such case, transfer of TDS (Central tax + State tax of State B) to the cash ledger of
the supplier (Central tax + State tax of State A) would be difficult. So, in such cases,
TDS would not be deducted.
Thus, when both the supplier as well as the place of supply are different from that of
the recipient, no tax deduction at source would be made

Location of supplier Place of supply Registration of TDS u/s 51

Recipient
State A State A State A Yes
State A State A State B No
State A State B State B Yes
UT1 UT1 UT1 Yes
UT1 UT2 UT2 Yes
UT1 UT1 UT2 No

Concept 2.3 – Registration

1) Deductor/any person required to deduct TDS shall apply for registration
electronically on common portal.
2) PO within 3 working days from application shall grant registration.
3) If PO feels that person is no longer required to deduct TDS he may cancel
registration.

Example
e.g.Supplier makes a supply worth ` 20 lakh to a recipient and the GST at the rate of
18% is required to be paid. The recipient, while making the payment of ` 20 lakh to the
supplier, shall deduct 2% [CGST 1% + SGST 1%] viz ` 4 lakh as TDS.
The value for TDS purpose shall not include 18% GST. The TDS, so deducted, shall be
deposited in the account of Government by 10th of the succeeding month.
The TDS so deposited in the Government account shall be reflected in the electronic
cash ledger of the supplier (i.e. deductee) who would be able to use the same for
payment of tax or any other amount.

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Contents of TDS certificate
The content of Form GSTR 7A (TDS Certificate) are given below:
1. TDS Certificate No.
2. GSTIN of deductor
3. Name of deductor
4. GSTIN of deductee
5. (a) Legal name of the deductee
(b) Trade name, if any
6. Tax period in which tax deducted and accounted for in GSTR-7
7. Details of supplies
8. Amount of tax deducted

Concept 3 - TCS

Eco

G/S G/S

C- Commission Customer

Actual supplier
(ECO – Displays goods or services actually supplied by other persons)

3.1 About TCS

Sr Particulars Remarks
no
1. Who is liable to ECO (not being an agent) who collects consideration on
collect TCS behalf of supplier [Excluding supply covered u/s 9(5)]
2 Rate of TCS i)0.5% of net value of intra-state taxable supplies
ii) 1% of net value of inter-state taxable supplies
e.g Suppose a certain product is sold at ` 1,120 [including
GST@12%] through an Operator by a supplier. The
operator would collect tax @ 1% of the net value of ` 1,000
i.e. ` 10 in case of inter-State supplies.
3 Net value of Supply Value of –Returns Taxable supplies of G/S [Excluding
supplies covered u/s 9(5)]
4 Threshold limit Nil
5 Deposit of TCS by By 10th of the next month
ECO to Govt e.g. TCS collected in month of July must be remitted by

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 13. TDS & TCS
10th Aug
6 Filing of monthly Monthly – GSTR-8
and annual Annually GSTR-9B
statement by ECO
7 No TCS 1) on supply of services notified under section 9(5) of the
CGST Act, 2017.
2)on exempt supplies
3) on supplies on which the recipient is required to
pay tax on reverse charge basis

3.2 Registration
1) Deductor/any person required to deduct TCS shall apply for registration
electronically on common portal.
2) PO within 3 working days from application shall grant registration.
3) If PO feels that person is no longer required to deduct TCS he may cancel
registration

3.3 Notice to the operator seeking details

1) An officer not below the rank of Deputy Commissioner can issue notice to an
operator, asking him to furnish details relating to volume of the
goods/services supplied, stock of goods lying in warehouses/godowns etc.
2) The operator is required to furnish such details within 15 working days.
3) In case an operator fails to furnish the information, besides being liable for
penal action under section 122 12, it shall also be liable for penalty up to `
25,000

3.4 Some examples

Eg1-Mr. X is a supplier selling his own products through a web site hosted by
him. Does he fall under the definition of an “electronic commerce operator”?
Whether he is required to collect TCS on such supplies?

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Eg2-If Mr. A purchase goods from different vendors and in turn Mr. A, is selling them
on his own website under his own billing, Is TCS required to be collected on such
supplies?

Electronic Commerce Operator

means

Any person who

owns
Digital/ electronic
facility/ platform
operates
for electronic
commerce
manages

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 13. TDS & TCS
Applicability of TDS

Type of supply liable to TCS

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 Questions

1. Whether the rate of tax of 1% notified under section 52 is CGST or SGST or a

combination of both CGST and SGST?

2. Is every e-commerce operator required to collect tax on behalf of actual supplier?

3. State whether the provisions pertaining to tax collected at source under section 52 of
CGST Act, will be applicable, if Fitan Ltd. sells watch on its own through
its own website?

4. There is no onus of filing any monthly & annual statements by ECO. Examine the
technical veracity of the statement by explaining relevant provisions.

5. State whether the provisions pertaining to tax collected at source under section 52 of
CGST Act, will be applicable, if ABC limited who is dealer of Royul brand sells watches
through Slipkart, an electronic commerce operator?

Answers

1. The rate of TCS as notified under CGST Act is payable under CGST and the equal rate
of TCS is expected under the SGST Act also, in effect aggregating to 1%.

2. Yes, every e-commerce operator is required to collect tax where consideration

with respect to the supply is being collected by the e-commerce operator.
However, no TCS is required to be collected in the following cases:-
(i) on supply of services notified under section 9(5) of the CGST Act, 2017.
(ii) on exempt supplies
(iii) on supplies on which the recipient is required to pay tax on reverse charge basis.

3. As per Section 52, every electronic commerce operator not being an agent, shall
collect an amount calculated at such rate not exceeding one per cent., as may be
notified by the Government on the recommendations of the Council, of the net value of
taxable supplies made through it by other suppliers where the consideration with
respect to such supplies is to be collected by the operator.
Hence, if the person sells on his own, provisions pertaining to tax collected at source
(TCS) won’t be applicable.

4. The given statement is invalid. An electronic statement has to be filed by the ECO
containing details of the outward supplies of goods and/ or services effected through
it, including the supplies returned through it and the amount collected by it as TCS
during the month within 10 days after the end of the each month in which supplies are
made.

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 13. TDS & TCS
Additionally, the ECO is also mandated to file an Annual Statement on or before 31st
day of December following the end of the financial year.
The Commissioner has been empowered to extend the due date for furnishing of
monthly and annual statement by the person collecting tax at source.

5. As per Section 52, every electronic commerce operator not being an agent, shall
collect an amount calculated at such rate not exceeding one per cent., as may be
notified by the Government on the recommendations of the Council, of the net value of
taxable supplies made through it by other suppliers where the consideration with
respect to such supplies is to be collected by the operator. If ABC limited who is dealer
of Royul brand sells watches through Slipkart, then the provision of TCS will be
applicable to Slipkart.

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 Rapid fire Quiz

1. Is it correct or not that public sector undertakings is liable to deduct TDS from
payments made to the suppliers of taxable goods?

2. What is the implication of TDS in case services are supplied from a public sector
undertaking (PSU) to another PSU?

3. Mr. X contends that tax is liable to be deducted if total value of supply of taxable
goods under a contract is ` 2,50,000 exclusive of tax. Is his contention valid in law
or not?

4. What is the implication of TDS in case supplier, place of supply and recipient
are in the same state?

5. What is the implication of TDS in case location of supplier is in State A and place
of supply as well as registration of recipient are in State B?

6. What is the implication of TDS if supplier as well as the place of supply are in
State A and the recipient is located in State B. ?

7. What is the rate of TCS under CGST?

8. Is it valid that services by way of transportation of passengers by motor cycle is

to be included while computing net value of taxable supplies?

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 13. TDS & TCS

CROSSWORD PUZZLE

ACROSS

1. TDS is not attracted if services are supplied from a PSU to another ----------
.(Acronym)
3. Value of supply shall------------ tax & cess for the purpose of TDS under
Section 51 of CGST Act, 2017.
5. The amount of tax deducted at source should be deposited to the
Government account by 10th of the succeeding-----------.
8. Net value of taxable supplies shall mean the aggregate value of taxable
supplies of goods and/or services, other than services notified under subsection
(5) of section 9, made during any month by all registered persons through the
operator reduced by the aggregate value of taxable supplies-------------- to the
suppliers during the said month.
9. ------------------ sector undertakings are notified to deduct tax at source from
payments made to the suppliers.

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DOWN

2. TDS would be deducted if supplier, place of supply and recipient are in the-------
------ State.
4. The TDS deductees are the suppliers whose total value of supply of taxable
goods under a contract exceeds ` 2,50,000 ------------of tax & cess as per the
invoice.
6. Every Electronic Commerce Operator (ECO), not being an agent, has been
mandated to collect tax at source (TCS) on net value of taxable supplies made
------------it by suppliers.
7. The TCS amount collected by the ECO has to be remitted to the Government
Treasury within------days after the end of the month in which the collection
was made.

For Answers Scan the QR

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