Salman Ansari & Assoc.
247 Points
Joined June 2015
CBDT FAQ on section 194Q states:
"it is clarified that when tax is deducted at the time of credit of amount in the account of seller and in terms of the agreement or contract between the buyer and the seller, the component of GST comprised in the amount payable to the seller is indicated separately, tax shall be deducted under section 194Q of the Act on the amount credited without including such GST.
However, if the tax is deducted on payment basis because the payment is earlier than the credit, the tax would be deducted on the whole amount as it is not possible to identity that payment with GST component of the amount to be invoiced in future."
So if GST is separately mentioned, then no TDS on the GST component. Calculate TDS only on Basic Value i.e. Taxable Value.
But when GST not separately mentioned or when payment is made before invoice, then since GST is not determinable, then TDS has to be deducted on the entire invoice value.