Frequently Asked Questions
Frequently Asked Questions
No — as per CBDT Circular No. 23/2017, TDS is not deducted on the GST component of an invoice if GST is separately indicated. TDS is only on the base invoice amount (excluding GST). However, if GST is not separately shown, TDS is on the full invoice amount.
Non-deduction of TDS makes you an "assessee in default" under Section 201. Consequences: (a) TDS amount is recoverable from you, (b) Interest @ 1% per month from due date to deduction date, (c) Penalty u/s 271C up to the TDS amount, (d) Disallowance of 30% of expense u/s 40(a)(ia) in your tax return.
Yes — the payee can apply to the Assessing Officer for a certificate u/s 197 authorizing deduction at a lower rate or nil TDS, if their estimated total tax liability is lower than the TDS rate. The certificate is valid for the financial year stated and must be provided to you before deduction.