GST TDS if RCM is applicable

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This discussion clarifies whether a government entity needs to deduct GST TDS when paying for security services under the Reverse Charge Mechanism (RCM). The consensus, supported by a clarification from the GST Council's Law Committee, is that GST TDS is not applicable in such cases. This is because the recipient (deductee) is already responsible for paying the tax under RCM.

shivam jain

shivam jain (Querist)

04 July 2020 If there is a government entity receiving security services and paying GST on reverse charge basis for the same then at the same time, whether it is required to GST TDS or not???? please specify with relevant provision????

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

04 July 2020 No, TDS (GST) is not applicable on GST booked under Reverse charge mechanism. The Law Committee, GST Council has also clarified in the Standard Operating Procedure (SOP) issued by dated 28/09/2018 that no TDS is required to be deducted “where the tax is to be paid
on reverse charge by the recipient i.e. deductee”.

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shivam jain

shivam jain (Querist)

07 July 2020 Thanks a lot for your kind reply

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

07 July 2020 Welcome...................

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