TDS Obligation under existing law and under GST



The following article contains a brief analysis of the TDS obligation under existing laws and GST:








TDS obligation (Section 51 of the CGST/SGST Act)

Sl

Elements

Under existing Law

Proposed under GST

1

Acts Governed

Respective state VAT laws

CGST/SGST Acts

2

Type of Contract

Works Contract

Any Contract

3

Payments made by

Under TNVAT Act:

  • Central/State Government
  • Local Authority
  • Department of Central/State Government
  • Companies, including Government Companies
  • Co-operative Society
  • Educational Institutions and
  • Trust
  • A department of the Central Government or State Government
  • Local Authorities
  • Government Agencies
  • Any other persons as recommended by the GST council

(notification from the GST council notifying certain persons can be expected in the near future)

4

Payments made to

Any person executing works contract

Any Supplier under a contract or agreement

5

Threshold limit

When the total payment to the dealer exceeds Rs. 1,00,000 per year

When the aggregate payment under a contract exceeds Rs. 2,50,000

6

Rate of TDS

The following are the rates of TDS under TNVAT Act:

  • Civil/maintenance works contract - 2% of the total amount payable
  • Other works contract - 5% of the total amount payable

TDS at the rate of 1% where the total value of supply under a contract exceeds Rs. 2,50,000.

TDS to be deducted on the entire amount of payment, once the contract value exceeds the threshold limit.

7

Time limit for payment of TDS deducted

Under TNVAT Act:

On or before the 20th of the succeeding month

On or before 10th of the succeeding month

8

Returns

Under TNVAT Act:

On or before the 20th of the succeeding month

Return by the tax deductor for TDS to be filed within 10th of the succeeding month in  form GSTR-07

9

TDS Certificate

TDS certificate in Form T to be issued within 15 days from the date of deposit of tax

The deductor shall issue a certificate in Form GSTR-7A to the supplier within 5 days from the date of deposit of tax. Failure to issue the certificate within specified time shall attract late fee of Rs. 100/day up to a maximum of Rs. 5000.

10

Failure to deposit tax

Interest@ 2% per month or part of the month on the TDS deducted/deductible

Interest @ 1.5% per month to be paid along with the TDS amount

11

Exemptions

No TDS to be deducted in the following cases:

  • Where there is no transfer in property during execution of works contract
  • No TDS certificate in Form S is produced by the dealer
  • Transfer of property is involved in the course of inter-state trade or import

No TDS shall be deducted if the location of the supplier and the place of supply is in a different states/Union Territory from the place of registration of the recipient of Supply



14137 Views 5 Likes Comment   Share GST   Report


About the Author

Student


Related Articles


Loading


Popular Articles





CCI Pro

CCI Articles

submit article


Company
06 July 2026
Chartered Accountant (Indirect Taxation)

Gowra Ventures Pvt Ltd

Hyderabad

CA

View Details
Company
ARTICLESHIP 30 June 2026
2 posts Article assistant and Articleship completed students

Chirag N Shah & Associates

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 27 June 2026
Article

SNCO

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 10 July 2026
Article Assistant

N S Gokhale & Co

Thane

CA Inter

View Details
Company
ARTICLESHIP 11 July 2026
Article

SNCO

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 08 July 2026
Article internship

AJAY SINGH AND CO LLP

Thane

CA Final

View Details
Company
06 July 2026
Senior Accountant

Arvindkumar Maniar & Co.

Rajkot

CA

View Details
Company
ARTICLESHIP 16 July 2026
Article Assistant

Sahil Agarwal & Company

Mumbai

CA Inter

View Details