Notification Notification No 50/2018 (33/2017 central tax Overruled) Central Tax dated 13th Sep 2018 provided date for applicability of TDS Provisons as well as notified persons who will be liable to deduct TDS and deposit under Section 51(1)(d) read with Notification No 57/2018 Central Tax, Notification No 61/2018 Central Tax, Notification No 73/2018 Central Tax & Circular No 76/50/2018 GST dated 31st Dec 2018

Financial Year: 2018

Dear Readers

 

 

Earlier Notification 33/2017 has been superceded:-   A notification No 33/2017 Central Tax has been issued on 15th Sep 2017 which cant be implemented because of system unavailability or other reasons has been superceeded by  Notification No 50/2018. This notification has provided with date of 18th Sep as the date for TDS Deduction but the same has not been implemented.   You can download old Notification No 33/2017 for your reference:-   Please download from PDF Image

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Notification No 50/2018 Central Tax

 

Govt has notified a Notification No 50/2018 Central Tax Dated 13^th Sep 2018 which has provided that TDS Provisions under section 51 will be made applicable from 1^st Oct 2018 and also

 

Following Persons have been notified under Section 51(1)(d) for deducting TDS under this notification

 

(a) an authority or a board or any other body,

 (i) set up by an Act of Parliament or a State Legislature; or

(ii) established by any Government,

with fifty-one per cent. or more participation by way of equity or control, to carry out any function;

 

(b) Society established by the Central Government or the State Government or a Local Authority under the Societies Registration Act, 1860 (21 of 1860);

 

(c) public sector undertakings.

 

Please download notification from following PDF image

 

 

Doubts has arisen that in Notification No 50/2018 whether

“with fifty-one per cent. or more participation by way of equity or control, to carry out any function”

 

Is applicable for (a)(ii) only ??

 

 

 

Notification No 57/2018 Central Tax Dated 23^rd Oct 2018

 

Govt has issued a notification 57/2018 dated 23^rd Oct 2018 central tax which has provided that TDS provisions under Section 51 should not be applicable on Authorities under the Ministry of Defence.

Annexure A has also been notified on which TDS provisions will apply

 

Please read Notification along with Annexue Afrom following PDF Image

 

 

 

 

Notification No 61/2018 Central Tax Dated 05^th Nov 2018

 

Govt has issued a notification 61/2018 dated 5^th Nov 2018 central tax which has provided that TDS provisions under Section 51 should not be applicable on transactions between one public sector undertaking to another public sector undertaking.

 

Please read Notification from following PDF Image

 

 

Notification No 73/2018 Central Tax dated 31^st Dec 2018

 

Govt has issued a notification 73/2018 dated 31^st Dec 2018 central tax which has provided that

TDS provisions should not be applicable on transactions between one person to another specified under (a), (b), (c), (d) of section 51(1) of the said act.

 

Please read Notification from following PDF Image

 

 

Circular No 76/50/2018 GST dated 31^st Dec 2018

 

Govt issued a circular and clarified in point no (iv) that

with fifty-one per cent. or more participation by way of equity or control, to carry out any function

 

is applicable for both (a)(i) as well as (a)(ii)

 

 

In short we can read as follows

 

(a) an authority or a board or any other body,

 

 (i) set up by an Act of Parliament or a State Legislature with fifty-one per cent. or more participation by way of equity or control, to carry out any function;

or

 

(ii) established by any Government with fifty-one per cent. or more participation by way of equity or control, to carry out any function;

 

 

Please download Circular from following PDF image

 

 

 

Thanks

CA Rahul Gupta