Oct 092017
 

Decision taken in 22nd GST Council Meeting

1. GST Council allows SMEs with turnover of up to Rs 1.5 cr to file quarterly returns instead of monthly filings.

2. Nominal 0.1% GST on exports

3. For July exports, refund cheques will be processed by October 10 and for August exports, refund cheques will be processed by October 18

4. There will be an e-wallet for each exporter and notional amount as advance refund will be given; will be initiated on 1 April 2018

5. The e-wallet credit will allow for GST, IGST, etc, while actual refund will offset this

6. The limit for turnover in compensation scheme raised from Rs 75 lakh to Rs 1 crore

7. SMEs with Rs 1 crore turnover can file quarterly returns

8. 1% tax applicable on traders under composition scheme

9. Any person providing exempted service are eligible for compensation scheme

10. Revision in GST rates:

Items

Old rates

New rates

Sliced dried mangos, khakra and chapatti

12%

5%

Unbranded Namkeen

12%

5%

Unbranded Ayurvedic Medicine

12%

5%

Stones used for flooring

Other than marble and granite

28%

18%

Stationary items

28%

18%

Diesel engine parts

28%

18%

Petrol pump parts

28%

18%

Man Made yarn

18%

12%

Job Work

12%

5%

Oct 062017
 

GST and TDS calculation under Income Tax Act

Circular no 23/2017 of CBDT:

The Central Board of Direct Taxes (the Board) had earlier issued Circular No. 112014 dated 13.01.2014 clarifying that wherever in terms of the agreement or contract between the payer and the payee, the Service Tax component comprised in the amount payable to a resident is indicated separately, tax shall be deducted at source under Chapter XVIl-B of the Income tax Aet, 1961 (the Act) on the amount paid or payable without including such Service Tax component.

Now, the Government has brought in force a new Goods and Services Tax regime with effect from 01.07.2017 replacing, amongst others, the Service Tax which was being charged prior to this date as per the provisions of Finance Act, 1994. Therefore, there is a need to harmonize; the Circular No. 01/20 14 of the Board with the new system for taxation of services under the GST regime.

Hence therefore, wherever in terms of the agreement or contract between the payer and the payee, the component of ‘GST on services’ comprised in the amount payable to a resident is indicated separately, tax shall be deducted at source under Chapter XV Il-B of the Act on the amount paid or payable without including such ‘GST on services’ component.

Conclusion:

The amount of TDS shall be computed without grossing up for the goods and service tax (GST) component, which is also part of the bill.

What is included in GST for the purpose of deduction of TDS at source?

GST for these purposes shall include:

  1. Integrated Goods and Services Tax (IGST),
  2. Central Goods and Services Tax (CGST),
  3. State Goods and Services Tax (SGST)and
  4. Union Territory Goods and Services Tax (UTGST).

For the purpose of above circular, GST does not included cess chargeable under GST (Compensation to the States) Act which is also a part of GST chargeable under the above acts. Matter needs to be further clarified as to whether TDS shall also be deducted on the cess component or not. Practically cess shall also be excluded for the purposes of deduction of TDS.

What is the impact of above circular on the existing contract as on 01.07.2017?

Any reference to ‘service tax’ in an existing agreement or contract which was entered prior to 01.07 .2017 shall be treated as ‘GST on services’ with respect to the period from 01.07.20 17 onward till the expiry of such agreement or contract.

Example: There are several payments, such as works contracts which attract GST (at 18%) and which also attract TDS (at 10% on fees for technical services, 2%/1% on work contract) under the Income Tax (I-T) Act.

Whether TDS under GST and TDS under income tax shall be deducted separately?

As the purpose of deduction of TDS under GST and TDS under income tax act is different and hence in cases where as per terms of contract TDS under income tax and TDS under GST is deductible at the same time than both are deducted separately and accounted for in the different accounts and further deposited under separate account.