Wednesday 19 July 2017

NO TDS on GST Paid or Payable on Services when GST is Separately Shown in the Invoice

NO TDS on GST Paid or Payable on Services when GST is Separately Shown in the Invoice

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CBDT had issued Circular No 1/2014 wherein it was clarified that TDS had to be deducted on the amount paid/payable without including service Tax component.In other words, no TDS would be deducted on Service Tax Component when amount of service tax Component is shown separately in the Invoice.
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After Implementation of GST across the country w.e.f 1st July, 2017, CBDT has received various references for treatment of GST component on Services. Now the CBDT has clarified vide Circular No. 23/2017 that if as per terms of the agreement of the payee and payer "GST on Services" component has been indicated separately in the invoice, then no tax would be deducted on GST component. GST will include CGST, SGST, IGST, UTGST.
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This Circular clarifies the doubt arisen after Implementation of GST. The Circular is on the logical conclusion that there cannot be any TDS on GST. The Circular could be best explained through the following Examples..
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EXAMPLE 1

Amount (Rs)
Value of Services- Intra state

CGST

SGST

Gross Value of Invoice


9%

9%


9,000

9,000
100,000



18,000

118,000

TDS Deductible on

TDS u/s 194J


10%

100,000

10,000
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EXAMPLE 2

Amount (Rs)
Value of Services- Inter state

IGST


Gross Value of Invoice


18%




18,000


100,000


18,000

118,000

TDS Deductible on

TDS u/s 194J


10%

100,000

10,000
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EXAMPLE 3

Amount (Rs)
Value of Services- UT

CGST

UGST


Gross Value of Invoice


9%

9%


9,000

9,000
100,000



18,000


118,000

TDS Deductible on

TDS u/s 194J


10%

100,000

10,000
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EXAMPLE 4

Amount (Rs)
Value of Services (Inclusive of Taxes)

CGST

UGST


Gross Value of Invoice


Not Charged Separately

118,000



-


118,000

TDS Deductible on

TDS u/s 194J


10%

118,000

11,800
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Regards
ACA SOURAV BAGARIA

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