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TDS question

Kishan Singh (84 Points)

02 January 2019

place of supply and place of recipient different no TDs deduct why ? please explain me brief

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2 Replies

Ravi SADhiyan (Practice) (4510 Points)
Replied 02 January 2019

For Exp-1

Supplier in State-A

Place of Supply-A

Place of Recipient-A

(a) 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.

For Exp-2

Supplier in State-A

Place of Supply-B

Place of Recipient-A

(b) 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 (Integrated tax) and it would be possible for the supplier (i.e. the deductee) to take credit of TDS in his electronic cash ledger.

For Exp-3

Supplier in State-A

Place of Supply-A

Place of Recipient-B

(c) 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.