November 2023

Difference in Input Tax Credit (ITC) available in GSTR-2B & ITC claimed in the GSTR-R3B 1. It is informed that GSTN has developed a functionality to generate automated intimation in Form GST DRC-01C which enables the taxpayer to explain the difference in Input tax credit available in GSTR-2B statement & ITC claimed in GSTR-3B return online as directed by the GST Council. This feature is now live on the GST portal. 2. This functionality compares the ITC declared in GSTR-3B/3BQ with the ITC available in GSTR-2B/2BQ for each return period. If the claimed ITC in GSTR 3B exceeds the available ITC in GSTR-2B by a predefined limit or the percentage difference exceeds the configurable threshold, the taxpayer will receive an intimation in the form of DRC-01C. 3. Upon receiving an intimation, the taxpayer must file a response using Form DRC-01C Part B. The taxpayer has the option to either provide details of the payment made to settle the difference using Form DRC-03, or provide an explanation for the difference, or even choose a combination of both options. 4. In case, no response is filed by the impacted taxpayers in Form DRC-01C Part B, such taxpayers will not be able to file their subsequent period GSTR-1/IFF. Source [gst.gov.in]

Introduction: Tax Deducted at Source (TDS) is a crucial component of the Indian tax system, designed to ensure a regular inflow of tax revenues for the government. TDS requires individuals or entities to deduct a specific percentage of tax at the time of making payments for various transactions and deposit it with the government. This article will provide a comprehensive overview of TDS, including its purpose, calculation, rates, and compliance requirements. What is a TDS certificate? Form 16, Form 16A, Form 16 B and Form 16 C are all TDS certificates. TDS certificates have to be issued by a person deducting TDS to the assessee from whose income TDS was deducted while making payment. For instance, banks issue Form 16A to the depositor when TDS is deducted on interest from fixed deposits. Form 16 is issued by the employer to the employee. Form Certificate of Frequency Due Date Form 16 TDS on salary payment Yearly 31st May From 16A TDS on non- salary payments Quarterly 15 days from due date of filing return Form 16B TDS on sale of property Every transaction 15 days from due date of filing return Form 16C TDS on rent Every transaction 15 days from due date of filing return 1. Purpose of TDS: TDS serves several essential purposes: Regular Revenue Collection: TDS helps the government collect taxes throughout the year instead of waiting for taxpayers to pay in a lump sum at the end of the financial year. Minimizing Tax Evasion: It acts as a deterrent against tax evasion, as it compels the deductor to withhold tax before making a payment. Distributing the Tax Burden: TDS ensures that the tax burden is shared proportionately among various stakeholders involved in financial transactions. 2. Applicability of TDS: TDS is applicable to a wide range of financial transactions, including: Salary Payments: Employers deduct TDS from employees’ salaries. Interest Payments: TDS is deducted on interest income from savings accounts, fixed deposits, and other investments. Rent Payments: TDS is deducted by individuals and entities making rent payments above a specified threshold. Professional and Technical Fees: Payments to professionals and contractors are subject to TDS. Commission Payments: Businesses deduct TDS on commissions paid to agents. Dividend Payments: TDS is applicable to dividends from shares and mutual funds. 3. TDS Rates and Thresholds: The TDS rates and thresholds vary depending on the nature of the transaction. Different sections of the Income Tax Act specify the applicable rates and thresholds. Some examples include: Section 192: TDS on salaries has a specific tax slabs and rates for individuals based on their income. Section 194A: TDS on interest income is applicable when the interest amount exceeds Rs. 10,000 in a financial year, with a standard rate of 10%. Section 194I: TDS on rent is applicable when the annual rent exceeds Rs. 2.4 lakhs for land/building and Rs. 1.8 lakhs for machinery/plant, at a rate of 10%. Section 194J: TDS on professional or technical fees is deducted at 10%. 4. TDS Deduction and Compliance: To comply with TDS regulations, deductors must adhere to the following steps: Obtain a TAN (Tax Deduction and Collection Account Number) from the Income Tax Department. Deduct TDS at the specified rates and calculate the amount. Deposit the deducted TDS to the government within the due dates. File TDS returns on time, which includes quarterly statements and an annual statement. Issue TDS certificates to the deductees as proof of tax deduction. Non-compliance with TDS provisions can result in penalties and legal consequences. 5. TDS Refunds: If the deducted TDS amount exceeds the actual tax liability of the deductee, they can claim a TDS refund by filing an income tax return. The excess amount is refunded after the return is processed. When to file TDS returns? Filing Tax Deducted at Source returns is mandatory for all the persons who have deducted TDS. TDS return is to be submitted quarterly and various details need to be furnished like TAN, amount of TDS deducted, type of payment, PAN of deductee, etc. Also, different forms are prescribed for filing returns depending upon the purpose of the deduction of TDS. Various types of return forms are as follows: Form 26QTDS on all payments except salaries Q1 – 31st July Q2 – 31st October Q3 – 31st January Q4 – 31st May From No Transaction Reported in The Return Due Date From 26Q TDS On Salary Q1 – 31st July Q2 – 31st October Q3 – 31st January Q4 – 31st May From 27Q TDS on all payments made to non-residents except salaries Q1 – 31st July Q2 – 31st October Q3 – 31st January Q4 – 31st May Form 26QB TDS on sale of property 30 days from the end of the month in which TDS is deducted Form 26QC TDS on rent 30 days from the end of the month in which TDS is deducted Conclusion TDS is a critical element of the Indian tax system that ensures the steady collection of taxes and reduces tax evasion. Understanding the various provisions, rates, and compliance requirements is essential for both deductors and deductees. It is advisable to seek professional guidance or use tax software to simplify the TDS process and remain compliant with the law. Compliance with TDS regulations not only avoids penalties but also contributes to the nation’s revenue collection and economic stability. For any further queries related to this or anything else visit Trisuka