Tax Consultant
1935 Points
Posted on 31 August 2026
These are two completely separate compliance obligations that happen to share the name TDS.
GST TDS (Section 51, CGST Act):
- WHO: Government departments, PSUs, and notified entities (not all businesses)
- WHEN: On payments to suppliers where the contract value exceeds Rs 2.5 lakh
- RATE: 2% of taxable value (1% CGST + 1% SGST, or 2% IGST for inter-state)
- RETURN: GSTR-7, due by 10th of the following month
- CREDIT: Supplier receives credit in Electronic Cash Ledger via GSTR-7A; must accept it manually on the portal
INCOME TAX TDS (Income Tax Act 2025, formerly IT Act 1961):
- WHO: Payers above prescribed thresholds (companies, individuals in audit)
- WHEN: At time of credit or payment, whichever is earlier
- RATE: Varies by nature of payment (professional fees 10%, contractors 1-2%, rent 10%, etc.)
- RETURN: Form 26Q or 24Q quarterly, and GSTR-7 does NOT apply
- CREDIT: Deductee sees credit in Form 26AS and AIS
Key practical difference: GST TDS affects the cash position of the supplier under GST, while Income Tax TDS affects advance tax credit for the recipient. Both are required where applicable.
For TDS return filing under the Income Tax Act, this [TDS return filing guide](https://taxgarden.in/blog/tds-return-filing-fees-by-ca-cost-breakdown-2026) covers the forms, due dates, and CA cost breakdown.