Under the Goods and Services Tax (GST) Act, 2017, a person required to deduct tax at source (TDS) must follow these procedures for return submission:

Form:

• The person, known as the deductor, needs to file the TDS return electronically in Form GST act 2017 GSTR-7. This form details all the deductions made during the month.

Manner of Submission:

• The return must be submitted electronically GST act 2017 on the Goods and Services Tax Network (GSTN) portal within 10 days from the end of the month in which the deductions were made.
• For example, if you deducted tax in December 2023, the GSTR-7 return needs to be filed by the 10th of January 2024.

Additional information:

• Remember, filing the GSTR-7 return is mandatory if you have deducted any tax at source during the month.
• The return contains details like GSTIN GST act 2017 of the amount of tax deducted, type of payment, and challan details for payment made to the government.
• Ensure you have accurate and complete data before submitting the return to avoid any errors or penalties.

                                   EXAMPLE

The form and manner of submission of TDS Return under GST Act 2017 (Section 39 & GST act 201751) depend on the specific state in India you’re dealing with. Each state has its own portal and procedures for filing GST returns.

However, the general process GST act 2017remains the same across most states:

Who needs to file:

• Any registered person who is required to deduct tax at source (TDS) under Section 51 of the CGST Act, 2017.

Frequency of filing:

• Monthly: You need to file the TDS GST act 2017 return electronically within 10 days after the end of the month in which the deduction was made.

Form:

• GSTR-1: This is the common GST act 2017 GST return form used for filing TDS returns. However, some states may have their own specific form for TDS returns.
• You can check the official GST portal of your specific state for the latest forms and instructions.

Information required:

• Details of the deduction (your GSTIN, name, address)
• Details of the deductee (supplier’s GSTIN, name, address)
• Details of the supply (taxable value, GST rate, amount of TDS deducted)
• Payment details (date of payment, challan number)

Filing procedure:

1. Access the official GST portal of your state.
2. Login using your credentials.
3. Go to the “Returns” section and select “GSTR-1” or the specific TDS return form for your state.
4. Fill in the required details.
5. Upload any supporting documents if necessary.
6. Preview and submit the return.
7. Download the acknowledgement receipt.

                              FAQ QUESTIONS

Q1. Who is required to file a TDS return under GST GST act 2017?

A1. Any registered person who is required to deduct tax at source (TDS) under Section 51 of the GST Act, 2017, needs to file a TDS return. This includes businesses that GST act 2017make payments exceeding the specified threshold to suppliers of taxable goods or services.

Q2. Which form is used for filing the TDS return?

A2. The TDS return for GST is filed electronically in Form GSTR-7.

Q3. When is the due date for filing the TDS return?

A3. The TDS return must be filed electronically within 10 days from the end of the month in which the tax was deducted.

Q4. What information is required in the TDS return?

A4. The TDS return requires details such as:

• Name and GSTIN of the deductor and deductee
• Date of payment
• Nature of payment (goods or services)
• Taxable value of the supply
• Rate of tax deduction
• Amount of tax deducted
• Payment challan details for taxes deposited

Q5. How is the TDS return filed electronically?

A5. The TDS return can be filed electronically through the GST portal using your login credentials.

Q6. What happens if I miss the due date for filing the TDS return?

A6. Late filing of the TDS return attracts a late fee of Rs100 per day for the first 15 days and Rs.200 per day thereafter.

Q7. Do I need to issue a TDS certificate to the deductee?

A7. Under GST, there is no requirement to GST act 2017 issue a physical TDS certificate to the deductee. The details of the tax deducted are reflected in the deductee’s GSTR-2A/4A return based on the information filed by the deductor in Form GSTR-7.

Q8. What are the consequences of not deducting or depositing TDS?

A8. If a person liable to deduct TDS fails to do so or fails to deposit the deducted tax with the government, they may be GST act 2017 liable for penalty and interest, and even prosecution in severe cases.

Additional FAQs:

• What is the periodicity of filing TDS returns for quarterly or half-yearly taxpayers?
  • The due date for filing TDS returns remains the same (10th of the following month) for all periodicities.
• Can I revise the TDS return once filed?
  • Yes, you can revise the TDS return within the prescribed time limit for filing the original return.

                                  CASE LAWS

Section 39:

• Form and Manner of Furnishing Returns: Section 39(3) GST act 2017 mandates that every person required to deduct tax at source (TDS) under the Act shall furnish a return in the prescribed form and manner. This is further elaborated in Rule 66(1) of the CGST Rules, 2017, which states that all TDS returns shall be electronically filed in Form GSTR-7.
• Frequency of Filing: Section 39(4) requires regular monthly filing of TDS returns, unless GST act 2017otherwise notified by the Government. Form GSTR-7 allows for monthly submissions covering all TDS transactions for the respective month.
• Due Date for Filing: TDS returns are generally due on the 10th day of the month following the month to which the return relates.

Section 51:

• Applicability: This section deals with TDS GST act 2017 obligations on specified entities making certain payments exceeding Rs. 2.5 lakhs. While it doesn’t directly address return filing procedures, it indirectly influences the forms and frequency.
• TDS Certificate: As per Rule 66(3), in addition to filing GSTR-7, the deductor needs to issue a TDS certificate in Form GSTR-7A to the deductee within 5 days of crediting the amount to the Government.

Additional Points:

• The GST Portal provides detailed instructions and functionalities for electronically filing GSTR-7 and GSTR-7A.
• Late filing of returns attracts penalties as prescribed under the Act.
• It’s advisable to consult with a tax professional for specific guidance and compliance based on your individual circumstances.