Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

TDS IN GST- GSTR7 AMENDMENT

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Fact of case: Govt. deductor deduct Tds (gst) of a deductee and filed GSTR 7 return.But while filing the return,amount of Tds has been entered excess against deductee GST No. by mistake. Deductee also accept the excess Tds in his portal login and the same has been credited in his Electronic cash ledger. Now deductor saying that because of deductee already accepted the tds amount,amenden .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t cannot be made by him. So they are demanding excess amount of tds in cash from deductee to compensate the same. Query: 1) whether deductor still make amendment in return to rectify the same. 2) whether deductee should re-imburse the excess tds in cash to deductor 3) whether there is any possibility of demand in following years due to excess tds accepted by deductee - Reply By KASTU .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... RI SETHI - The Reply = Query-wise reply :- 1. Once the return has been filed there is no provision for amendment of this return , especially, when the TDS amount has been accepted by the deductee. Once the deductee accepts the TDS amount mentioned GSTR-7 , credit will be auto-reflected in deductee's Electronic Cash Ledger. So deductor cannot claim refund from the department as per proviso .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... to Section 51 (8) of CGST Act . Amendment in the current return is possible only if amount of TDS is rejected by the deductee otherwise not. However, this lapse can be rectified in next month's return. 2. As per Table No.4 read with Instruction No.3 of Form GSTR-7 , the deductor can adjust/.make amendment in the next return. 3. No. At present there is no provision. The deductor can .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... self-adjust the amount paid in excess. One has to be very careful while filing GSTR-7 . - Reply By YAGAY andSUN - The Reply = You may make representation to GST Council for incorporating such provisions in relation with inadvertent excess TDS. - Reply By KASTURI SETHI - The Reply = Excess paid is not the 'asset' of the deductee. On moral grounds the deductee should refund the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... amount in cash. Regarding legal recourse, I am of the view that suggestion given by Yagay and Sun should be given practical shape as someone has to come forward to take initiative in the interest of Trade and Industry. Only email to the Chairman, GST Council will click. - Reply By CABIJENDERKUMAR BANSAL - The Reply = thank u all - Reply By DR.MARIAPPAN GOVINDARAJAN - The Reply = I endorse th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e views of both experts. - TDS IN GST- GSTR7 AMENDMENT - Query Started By: - CABIJENDERKUMAR BANSAL Dated:- 8-8-2020 Goods and Services Tax - GST - Got 5 Replies - GST - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates