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TDS/TCS Credit Under GST

15 November 2020

is it mandatory to file TDS/TCS Credit Under GST if there is no transaction from both side buyer or seller.
What will be effect if not filled same.?

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8 Replies

ayusmita (Tax consultant) (5885 Points)
Replied 16 November 2020

Didn't get you properly

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Khandare Abhishek (19 Points)
Replied 16 November 2020

I have not done any kind of transaction...
so is it mandatory to file TDS/TCS return in GST portal?

debora M (BUSINESS DEVELOPMENT MANAGER) (1697 Points)
Replied 16 November 2020

Yes mandatory to file TDS/TCS Credit Under GST

ayusmita (Tax consultant) (5885 Points)
Replied 16 November 2020

Are your talking about gstr7 n all then if you have not any transaction related to that then their is no need of filling nil return

Not mandatory

ayusmita (Tax consultant) (5885 Points)
Replied 16 November 2020

And if you are talking about that you have tds and tcs not related to gstr7 and all then Yes you have to show your tds n tcs even you have no transactions Mandatory

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Khandare Abhishek (19 Points)
Replied 26 November 2020

I will check about GSTR7
it might be the same.

Bullseye Advisors (GST consultants) (89 Points)
Replied 26 November 2020

Separate registration (GSTIN) is required as deductor or collector. Once registered as deductor / collector, filing of GSTR7/8 on monthly basis is mandatory for such GSTIN, even if there are no transactions. Else late filing fee may be levied as per law.

Bullseye Advisors (GST consultants) (89 Points)
Replied 27 November 2020

Please find below reply received from CBIC regarding this - they seem to indicate it is not mandatory :

---------- Forwarded message ---------
From: CBEC <cbicmitra.helpdesk @ icegate.gov.in>
Date: Fri, Nov 27, 2020, 10:46 AM
Subject: Strongly disagree - of help desk solution - Ticket Number : G-202011262626408. | 202011263246841

Dear Sir/Mam,

Thank you for contacting CBIC Mitra Helpdesk. The reference number for this interaction is 202011263246841 .

We received your support request, and we understand that you were not able to file the GSTR 8 Nil return for the month of April-20 due to error.

This is to inform you that FORM GSTR-8 is a statement of tax collected at source (TCS) to be filed by an e-commerce operator. FORM GSTR-8 contains details of:
• Details of taxable supplies effected through the e-commerce operator
• Amount of consideration collected by the e-commerce operator pertaining to the supplies made by other suppliers through the e-commerce operator
• Amount of TCS collected on such supplies [i.e., amount of tax collected under sub-section (1) of section 52 of the CGST Rules, 2017]

As per section 47 of CGST Act, 2017, if a registered taxpayer fails to file a return within the due date, then a penalty of Rs 100/- under CGST and Rs 100/- under SGST shall be levied. The total will be Rs. 200/- per day till such failure continues. The maximum amount of penalty cannot exceed Rs. 5,000/-. Along with late fee, an interest must be paid at the rate of 18% per annum (i.e., from due date of filling till date of payment period).

If you are facing any technical issue, you can contact GSTN TEAM. Taxpayer queries and concerns, related to the GST Common Portal, are addressed and resolved efficiently by the GSTN technical support team. Hence, for the reported issue, please call the GSTN Helpdesk at the toll free number 1800-103-4786 from 9:00 AM to 9:00 PM, or raise a web-ticket at https://selfservice.gstsystem.in/

Alternatively, for more information, refer to the following sources:
• Q 1 of Creating, Paying Taxes & Filing of GSTR-8 FAQS, available on the GST Common Portal (Help and Taxpayer facilities section) at https://tutorial.gst.gov.in/userguide/returns/index.htm#t=FAQs_GSTR-8.htm