11 July 2017
APPLICABILITY OF TDS UNDER GST ACT, 2017 TDS under Income Tax Act:- Under Section 194C of Income Tax Act, 964, any person responsible for paying any sum to resident contractor for carrying out any work (including supply of labour),than that person has to deduct TDS. If receipt of contract made payment to Contractor (other than Individual/HUF) than receiver of service has to deduct 2% on the Contract value. TDS under GST Act, 2017:- As per the Section 51 of the Goods and Service tax Act, 2017, Government manadate a department or establishment of the Central Government or State Government to deduct tax @1% from the payment made or credited to the supplier of the taxable goods or services where the total value of goods or services is exceeded Rs. 2.50 Lakhs and also the deduction shall be made If the provider and supplier both are in the same state. Question: We have various contracts for the outsourcing and we are making payment to them exceeded Rs. 2.50 Lakhs per annum. We have question that we have to deduct TDS under both Act i.e. under Income tax Act and under Goods and Service Tax Act????? Also give us definition of Contract under Section 51 of the Goods and Service Tax Act, 2017 and under Income Tax Act, definition of Contract is exuhastative. For Example, Description Amount Amount Being amount paid towards provide service of executive Assistant 25,000/- Statutory Benefits 2,500/- Total 27,500/- Service Charge @0.10% 27.50/- Total 27527.50/- GST @18% 4954.95/- Total 32482.45/-
In above case, whether we have to deduct TDS under both the Act i.e. 2% under Income Tax Act and 1% under GST Act???? If yes, under Section 51(3) of the GST Act provides that the deductee shall furnish a certificate mentioning their contract value, rate of deduction, amount deducted, amount paid to the government and such other particulars in such manner as may be prescribed.
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