TDS under GST on Import Transactions

Goods and Services Tax – Started By: – Ashok Swain – Dated:- 20-9-2018 Last Replied Date:- 21-9-2018 – Dear Experts, Kindly clarify whether TDS under GST has to be deducted from the payments made to foreign supplier on a/c of import of goods. The location of foreign supplier is outside India but the place of supply is within India. But as per Section 51 of CGST Act, no deduction shall be made if the location of the supplier and the place of supply is in a State which is different from the State of registration of the recipient. Also, the foreign supplier will not have any GSTIN and hence there is no scope for him to get the refund through elcetronic cash ledger. Please contribute your inputs on this. Ashok – Reply By Yash Jain – The Reply

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der sub-section (2) shall be such as may be prescribed, and shall include supplies on which the recipient is liable to pay tax on reverse charge basis, transactions in securities, sale of land and, subject to clause (b) of paragraph 5 of Schedule II, sale of building. Thus in respect of the supplier every supplies attracting RCM is exempt supplies. As the recipient of the supplies couldn't deduct tax on exempt supplies.. There is no question on deducting Tax on Import or supplies on which the tax is paid on RCM basis – Reply By DR.MARIAPPAN GOVINDARAJAN – The Reply = You are not required to recover tax under GST. – Reply By Ashok Swain – The Reply = Thank you Experts for the clarification. As the subject is taxed under RCM, there should

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