Deduction of Tax at Source (TDS) by Drawing and Disbursing Officers (DDOs) under GST regime

Deduction of Tax at Source (TDS) by Drawing and Disbursing Officers (DDOs) under GST regime

No. 1(8)/2017/TA/993

Ministry of Finance

Department of Expenditure

Controller General of Accounts

New Delhi

Dated 20-09-2017

Office Memorandum

Sub:- Deduction of Tax at Source (TDS) by Drawing and Disbursing Officers (DDOs) under GST regime.

Ministry of Finance, Department of Revenue vide Notification No. 33/2017 -Central Tax, notified vide GSR No. 1163 (E) dated 15th September, 2017 has stated that from 18th September, 2017 the provisions of sub-section ( 1) of Section 51 of the Central Goods and Service Tax Act, 2017 (12 of 2017) shall come into force with respect to inter-alia, a Department or establishment of Central Government and that the said person shall be liable to deduct tax from the payment made or credited to the supplier of taxable goods or services or both.

All the Controlling Authorities are requested to ensure adherence to the contents of the above said Notification issued in exercise of powers conferred by the above said Act and issue necessary instructions to all it concerned under their jurisdiction.

This issues with the approval of the Competent Authority

Sd/-

(Shailendra Kumar)

Dy. Controller General of Accounts

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MINISTRY OF FINANCE

(Department of Revenue)

(CENTRAL BOARD OF EXCISE AND CUSTOMS)

NOTIFICATION

New Delhi, the 15th September, 2017

No. 33/2017-Central Tax

G.S.R. 1163(E).-In exercise of the powers conferred by sub-section (3) of section 1 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government hereby appoints the 18th day of September, 2017 as the date on which the provisions of sub-section (1) of section 51 of the said Act shall come into force with respect to persons specified under clauses (a) and (b) of sub-section (1) of section 51 of the said Act and the persons specified below under clause (d) of sub-section ( 1) of section 51 of the said Act, namely:-

(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,

A 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:

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Provided that the said persons shall be liable to deduct tax from the payment made or credited to the supplier of taxable goods or services or both with effect from a date to be notified subsequently, on the recommendations of the Council, by the Central Government.

[R No. 349/58/2017-GST(Pt.)]

Dr. SREEPARVATHY S.L., Under Secy.

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TDS certificates in the name of the deceased depositor is not in accordance with law: CBDT notification on TDS on interest on deposits made under the Capital Gains Accounts Scheme, 1988

TDS certificates in the name of the deceased depositor is accordance with law: CBDT notification on TDS on interest on deposits made under the Capital Gains Accounts Scheme, 1988

Government of India

Ministry-of Finance

Central Board of Direct Taxes

Directorate-of Income-tax (Systems)

New Delhi

Notification No. 08/2017 

New Delhi, 13th September, 2017

Subject:- TDS on interest on deposits made under the Capital Gains Accounts Scheme, 1988-where the-depositor has deceased - reg.-

It has. been brought to the notice of CBDT that in cases of deceased depositor who has made deposits under the Capital Gains Accounts Scheme, 1988; the banks are deducting TDS on the interest earned on such deposits in the hand of the deceased depositor and issuing. TDS certificates in the name of the deceased depositor, which is not in accordance with the law. Ideally in Such type of situations, the TDS certificate on the interest income for and upto the period of death of the depositor is required to be issued on the PAN of the. deceased depositor and for the period after death of the depositor is required to be issued

on the PAN. of the legal heir.

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2. Under sub rule (5) of Rule 31A of the Income-tax Rules, 1962, the Director General of Income-tax (Systems) is authorized to specify the procedures, formats and standards for the purposes of  furnishing and Verification of the statements or claim for refund: in Form 26B, and shall be; responsible for the day-to-day administration in relation to furnishing administration in relation to furnishing and verification of the statements or Claim fer refund in Form 26B in the manner so specified.

3. In exercise of the powers delegated by the-Central Board of Direct Taxes (Board) under sub-rule (5) of Rule 31A of the Income Tax Rules, 1962, the Principal Director General . of Income-tax. (System's) hereby specifies. that in case of deposits under the Capital Gains Accounts Scheme, 1988 where the depositor has deceased:

(i) TDS on the interest income accrued for and upto the period of death of the depositor�is required to be deducted and reported against PAN of the depositor, and 

(ii) TDS on the interest income accrued for the period after death of the depositor is required to be deducted and reported against PAN of the legal heir, 

unless a declaration is filed under sub-rule(2) of Rule 37BA of the income-tax Rules, 1962 to that effect.

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4. This issues with approval of the Principal Director General of Income-tax (Systems)

Sd/-

(P.S. Thuingaleng)

Dy. Commissioner of Income-tax (CPC-TDS)

O/o the Pr. Director General of income-"tax (Systems),

New Delhi

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