Decide the following transactions in the context of GST law: Determination of value of supply when TCS under Income-tax Act, 1961 is charged separately in the invoice.

CS Professional · Advanced Tax Laws · PYQS · December 2019
Decide the following transactions in the context of GST law: Determination of value of supply when TCS under Income-tax Act, 1961 is charged separately in the invoice.

Answer & Explanation:

Vide C.B.I. & C. Corrigendum F.No. 20/16/04/2018-GST, dated 7-3-2019, this aspect has been clarified as under; Section 15(2) of the CGST Act says that the value of supply shall include 'any taxes, duties, cesses, fees and charges levied under any law for time being in force other than under CGST, SGST and UTGST, if charged separately by the supplier. For the purpose of determination of value under GST, Tax collection at source under the provisions of the Income-tax Act is deductible as it is an interim relief not having the character of tax. Hence TCS charged under Income Tax Act is not includible in determination of the value of supply.

Topics: Goods and Services Tax (GST)

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