CMA Final · Indirect Tax Laws and Practice
TDS and TCS under GST: formula sheet
Key formulas
- Persons who may be mandated to deduct (section 51(1))
- Central/State Government department or establishment | local authority | Governmental agencies | persons notified on Council's recommendation
- Only those mandated must deduct. Learn all four categories.
- Threshold
- Total value of supply under a contract > ₹2,50,000 (excluding CGST, SGST/UTGST, IGST and cess)
- Test is 'exceeds'. Exactly ₹2,50,000 does not attract TDS. Test is per contract.
- Rate (intra-State)
- 1% CGST + 1% SGST/UTGST = 2% in total
- Section 51(1) gives 1% for central tax. Apply on payment made or credited.
- Rate (inter-State)
- IGST at 2% (proviso to section 20, IGST Act)
- Same 2% overall, split differently.
- TDS amount
- TDS = 2% × value of supply excluding GST
- Value excludes taxes shown in the invoice.
- Exclusion
- No TDS if supplier's location and place of supply are in a State/UT different from recipient's State/UT of registration
- Both conditions must be met: location AND place of supply differ from the recipient's State.
- Payment to Government
- Within 10 days after the end of the month of deduction (section 51(2))
- Deposit and return detail are covered in the related topic on TDS deposit, returns and certificates.
- Rate and threshold of TDS
- TDS = 1% × value of supply, if value of supply under a contract > ₹2,50,000
- Value excludes CGST, SGST/UTGST, IGST and cess shown in the invoice. Threshold is on total value under a contract.
- Deposit time limit
- Within 10 days after the end of the month of deduction
- Section 51(2). Example: deduction in June, pay by 10 July.
- GSTR-7 due date
- On or before the 10th day of the month succeeding the month of deduction
- Rule 66(1), wording inserted w.e.f. 1 November 2024.
- Certificate
- FORM GSTR-7A, made available to the deductee on the common portal
- Section 51(3) and rule 66(3). It is based on the GSTR-7 return filed.
- Days of delay in filing GSTR-7
- Days of delay = actual filing date − due date
- Section 47(1) names only returns under sections 39, 45 and 52, so do not apply its ₹100 per day and ₹5,000 figures to GSTR-7 unless the question gives the applicable provision. Any late fee is separate from interest on late payment.
- Interest on non-payment
- Interest under section 50(1) plus tax deducted
- Section 51(6).
- TCS amount
- TCS = notified rate × net value of taxable supplies
- Rate is notified by the Government and cannot exceed 1%. The base is for the month and covers all registered suppliers on the platform.
- Net value of taxable supplies
- Net value = taxable supplies made through the operator in the month − taxable supplies returned to suppliers in that month
- Leave out services notified under Section 9(5). Count only supplies where the operator collects the consideration.
- Payment of TCS
- Due within 10 days after the end of the month of collection
- Section 52(3). The operator pays it in the prescribed manner.
- Monthly statement
- FORM GSTR-8 within 10 days after the end of the month
- Section 52(4) and Rule 67. It shows outward supplies, returns, and TCS collected.
- Annual statement
- Before 31 December following the financial year
- Section 52(5). The Commissioner may extend the date by notification.
- Time limit for a late statement
- Not allowed after 3 years from the due date
- Section 52(15). The Government may allow it later by notification.
- Matching items
- State of place of supply and net taxable value, GSTR-8 against GSTR-1
- Rule 78. The matching date follows any extension of the GSTR-1 due date.
- Notice for information
- Notice by an authority not below Deputy Commissioner; reply within 15 working days; penalty up to ₹25,000
- Section 52(12) to (14). The penalty is without prejudice to Section 122.
- Who can revise
- Registered person + TRAN-1 already submitted electronically within the time in rules 117, 118, 119 or 120
- A person who never filed within time is not covered by this rule.
- Number of revisions
- Revision allowed once
- The rule says 'may revise such declaration once'. A second revision is not permitted.
- Mode and form
- Electronically, in FORM GST TRAN-1, on the common portal
- The revised declaration uses the same form.
- Time limit
- Period in rules 117 to 120, or further period extended by the Commissioner
- Rule 117(1): ninety days from the appointed day, extendable by a further period not exceeding ninety days on the Council's recommendation.
- Credit entry
- Credit specified in TRAN-1 is credited to the electronic credit ledger (FORM GST PMT-2)
- Stated in rule 117(3).
Quick revision
- Section 51 TDS rate is 1% on payment made or credited to the supplier.
- TDS applies only where total contract value exceeds ₹2,50,000, and the value excludes GST and cess shown in the invoice.
- Deductors are notified: Government departments, local authorities, governmental agencies and other notified persons.
- No TDS if supplier's location and place of supply are in a different State or Union territory from the recipient's registration.
- TDS and TCS are both deposited within ten days after the end of the month of deduction or collection.
- Deductor failing to pay the deducted amount pays interest under Section 50(1) in addition to the tax.
- The deductee claims TDS credit in the electronic cash ledger, based on the deductor's return under Section 39(3).
- No refund to the deductor if the amount has been credited to the deductee's electronic cash ledger.
- Section 52 TCS applies to e-commerce operators who are not agents, at a notified rate not exceeding 1%.
- TCS base is net value of taxable supplies: supplies made through the operator less supplies returned in the month.
- Operator files a monthly statement within ten days after month-end and an annual statement before 31 December after the financial year.
- Rule 120A: FORM GST TRAN-1 can be revised once, within the time in Rules 117 to 120 or as extended by the Commissioner.
Common mistakes
- Deducting TDS when the contract value is exactly ₹2,50,000. Fix: The Act says the value must exceed ₹2,50,000. At exactly ₹2,50,000, no TDS applies.
- Calculating 2% on the invoice total including GST. Fix: Use the value excluding central tax, State tax, UT tax, integrated tax and cess, as the Explanation to section 51(1) states.
- Computing TDS on the invoice value including GST. Fix: Use the value excluding CGST, SGST/UTGST, IGST and cess, as the Explanation to section 51(1) says.
- Applying the ₹2,50,000 threshold to each invoice instead of the contract. Fix: The test is on total value of supply under a contract.
- Applying TCS on the gross value of sales and ignoring returns. Fix: Always deduct taxable supplies returned to suppliers in the same month before applying the rate.
- Including supplies where the customer pays the supplier directly. Fix: Section 52 covers supplies where the consideration is collected by the operator. Check who collects the payment.
- Saying TRAN-1 can be revised any number of times. Fix: Remember the word 'once' in the rule. Only one revision is allowed.
- Allowing revision by a person who never filed TRAN-1 in time. Fix: The rule applies only to a person who has already submitted the declaration within the specified time.
Exam tips
- Write the four checks (deductor, taxable supply, value above ₹2,50,000, location test) in order. Examiners give marks for each one.
- Always strip GST out of the figure before testing the threshold and computing 2%.
- In a case scenario with several States, mark the supplier's location, the place of supply and the recipient's registration State before you decide.
- Use the word 'exceeds' for the threshold. MCQs often set the value at exactly ₹2,50,000 as a trap.
- Learn the split: 1% + 1% intra-State, 2% IGST inter-State. A one-line mention scores easy marks.
- Write the section numbers: 51(2) for deposit, 51(3) for certificate, 51(6) for interest, rule 66 for the return.
- In MCQs, watch for options that use the old return date or omit the ten-day wording.
- In numerical questions, state both the due date and the number of days of delay.