Taxation - Income TaxSubjectiveQuestion 6119 of 146
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Question 7 (a) Mohan, a registered person in Salem, Tamil Nadu, makes intra-State supply of taxable goods amounting to ₹ 13,57,000 (inclusive of GST) to a Public Sector Undertaking (PSU). Consideration for same is received in 5 equal instalments from the PSU. Tax rates applicable: CGST 9%, SGST 9%, IGST 18% What will be your view with respect to applicability of TDS provisions as per section 51 of the CGST Act, 2017 regarding above transaction? What is the period by which TDS is required to be deposited to the Government account? (5 Marks) (b) Every registered person executing works contract shall keep separate accounts for works contract under CGST Rules, 2017. List the details to be maintained. (5 Marks)

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Detailed Solution & Explanation

(a) In case of intra-State supply of goods by a supplier to a PSU, TDS @ 1% each under CGST and SGST is liable to be deducted by PSU only when the total value of supply under a contract exceeds ₹ 2,50,000 (exclusive of tax & cess), from the payment made or credited to the supplier. Accordingly, in the given case, since the value of supply under the contract excluding taxes and cesses is ₹ 11,50,000 (₹ 13,57,000 × 100/118), TDS @ 1% on payment of each of the instalment of ₹ 2,30,000 (₹ 11,50,000/5), i.e. ₹ 2,300 each under CGST and SGST is to be deducted even though the individual payment is less than ₹ 2,50,000. The amount of TDS deducted shall be paid to the Government by the deductor within 10 days after the end of the month in which such deduction is made or by 10th of the succeeding month. (b) Every registered person executing works contract shall keep separate accounts for works contract showing - • the names and addresses of the persons on whose behalf the works contract is executed; • description, value and quantity (wherever applicable) of goods/services received for the execution of works contract; TAXATION • description, value and quantity (wherever applicable) of goods/services utilized in the execution of works contract; • the details of payment received in respect of each works contract; and • the names and addresses of suppliers from whom he received goods or services.

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