Quick reference to tax compliance and reliefs provided under The Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020 and Notifications issued after 20.3.2020 {Part 5}-Goods and Services Tax Laws, GST TDS Return u/s 39(3) in Form GSTR 7

0
0
Relevant Subject / Section : test Date of the Article :
  1. Under GST law TDS is required to be deducted and paid in accordance with the provisions of section 51 of the CGST Act, 2017 w. Notification No. 50/2018 – Central Tax dated 13.9.2018, applicable w.e.f. 1.10.2018.

Payment of TDS

  1. As per section 51(2) of the CGST Act, the amount deducted as tax under this section is required to be paid to the Government by the deductor within 10 days after the end of the month in which such deduction is made.

GST TDS Return (Form GSTR 7)

  1. As per section 39(3) of the CGST Act, every registered person required to deduct tax at source under the provisions of section 51 is required to shall furnish in the prescribed form and manner, a return, electronically, for the month in which such deductions have been made within 10 days after the end of such month.
  2. The monthly return of is required to be furnished in Form GSTR 7.

GST TDS Certificate (Form GSTR 7A)

  1. As per section 51(3) of the CGST Act, the deductor is also required to issue a TDS Certificate in Form GSTR 7A to the deductee with 5 days of crediting the amount so deducted to the Government, failing which u/s 51(4) late fee of Rs. 100/- is liable to be paid after the expiry of 5 days, subject to maximum of 5000/-.

Late Fee

  1. As per section 47(1) if return of TDS is not furnished with 10 days of after the end of the month in which tax is deducted, late fee of Rs. 100/- is liable to be
  2. As per section 51(4) if Certificate of TDS is not furnished with 5 days of crediting the amount so deducted to the Government, late fee of Rs. 100/- is liable to be

Extension

       8. As per newly inserted section 168A vide the Ordinance and clause (i)(b) of first part of the Notification   No. 35/2020-Central Tax dated 3.4.2020 and exceptions craved in clause (c) in second part of the notification, the due dates of furnishing of TDS returns have been extended.

  1. As per the above notification, where any time limit for completion or compliance of any action, by any authority or by any person, has been specified in, or prescribed or notified under the said Act, which falls during the period from the 20th day of March, 2020 to the 29th day of June, 2020, and where completion or compliance of such action has not been made within such time, then, the time limit for completion or compliance of such action, shall be extended up to the 30th day of June, 2020, including for the purposes of–

(b) filing of any appeal, reply or application or furnishing of any report, document, return, statement or such other record, by whatever name called, under the provisions of the Acts stated above;

  1. The due dates for furnishing of TDS returns in Form GSTR-7 are as follows:
  • For TDS of March, 2020 – due date 10.4.2020
  • For TDS of April, 2020 –  due date 10.5.2020
  • For TDS of May, 2020 –  due date 10.6.2020
  1. Now, vide the above notifications, the due dates for furnishing of TDS returns in Form GSTR-7 have been extend as follows, as they fall between the period from 3.2020 to 29.6.2020 :
  • For TDS of March, 2020 – due date 10.4.2020 – extended up to 30. 6.2020.
  • For TDS of April, 2020 –  due date 10.5.2020   –  extended up to 30.6.2020
  • For TDS of May, 2020 –  due date 10.6.2020   –  extended up to 30.6.2020