GSTR-7

Form GSTR-7 is meant for the deductors of TDS (Tax Deducted at Source) under GST. The particulars to be filed in this form include details of TDS deducted, TDS liability (payable and paid), TDS refund claimed (if any), and the likes of it. On the basis of this form, the Tax Deduction Certificate will be made available to the deductee on the common portal in Form GSTR-7A. This article is a brief account of the form.

Due Date Extension

Jammu and Kashmir

As per the latest notification (No.65/2019 – Central Tax) from the Ministry of Finance on 12th December 2019, the due date of filing GSTR-7 is extended for the months of July 2019 to October 2019 till 20th December 2019 for those who have their business in Jammu and Kashmir. The notification can be accessed below: As per the latest notification from GST council (40/2019-Central Tax,dt. 31-08-2019) on 31st August 2019, the due date of filing GSTR-7 for the month of July, 2019 has been extended to for the state of Jammu & Kashmir and 58 flood-affected districts of Bihar, Gujarat, Karnataka, Kerala, Maharashtra, Odisha & Uttarakhand. The exact notification is provided below: GSTR-7 can be filed by the taxpayers on the 10^th of the following month of deduction. For the awareness of people falling under the ambit of this provision, a notification of the Central Board of Indirect Tax and Customs states that the due date for filing this form for the months of October, November and December of 2018 has been extended to the 31^st of January 2019. Here’s what the official notification states: [[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)] Government of India Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes and Customs Notification No. 66/2018 – Central Tax New Delhi, the 29th November, 2018 G.S.R. .....(E).—In exercise of the powers conferred by sub-section (6) of section 39 read with section 168 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereinafter referred to as the said Act), the Commissioner hereby extends the time limit for furnishing the return by a registered person required to deduct tax at source under the provisions of section 51 of the said Act in FORM GSTR-7 of the Central Goods and Services Tax Rules, 2017 under sub-section (3) of section 39 of the said Act read with rule 66 of the Central Goods and Services Tax Rules, 2017 for the months of October 2018 to December 2018 till the 31 st day of January 2019. [F. No. 20/06/17/2018-GST (Pt. I)] (Dr Sreeparvathy S.L.) Under Secretary to the Government of India

Responsibilities of Deduction

The GST law mandates the following people/entities to deduct TDS:

A department or establishment formed by the Central or State Government.
Local authority.
Governmental agencies.
Persons or category of persons notified by the Central or State Government on the recommendations of the council.
An authority, board or any other body established by the Parliament, State Legislature or a Government with equity holding of 51% or more.
A society established by the Central Government, any of the state governments, or local authority (registered under the Societies Registration Act, 1860).
Public sector undertakings.

Scenario of Deduction

The deductors mentioned above are required to deduct tax at source if the total value of supply under the contract amounts to more than Rs. 2.5 lakhs. The deduction is subject to the condition that the location of the supplier and the place of supply is the same as the place of registration of the recipient. The rate of TDS is affixed at 2% for both intra-state and inter-state supplies.

The Need of the Form

GSTR-7 mandates the deductors to furnish the details of TDS deduction, the liability of TDS (payable and paid), and any refund of TDS claimed. These details would enable the deductee to claim the input credit of the deducted TDS and utilize it for the payment of output tax liability. On the basis of this form, the Tax Deduction Certificate will be made available for the deductee on the common portal in Form GSTR-7A.

Penal Provisions

Non-furnishing of GST returns within the due date would result in a penalty of Rs. 200 (100 each for CGST and SGST) per day of default, which can go as high as Rs.5,000. This will be added with interest at the rate of 18% per annum. The rate of interest will be calculated from the day after the supposed date of filing to the date of payment.

Revision of GSTR-7

The GST portal doesn’t permit the revision of GSTR-7 on the same month of filing it, though mistakes or alterations can be rectified while filing the form in the succeeding month. It may be noted that no rectification is allowed after furnishing the return for the month of September following the end of the financial year of the particular returns or after furnishing the annual return, whichever is earlier.

Particulars of the Form

Particulars	Details to be Specified
GSTIN (Goods and Services taxpayer Identification Number)	15 digit state-wise PAN number
Legal name of the deductor and Trade Name (if any)	Auto-populated
Period of Returns	Period of filing the particular returns, which can be selected from the drop-down menu
TDS Details	This section must be filled in with the details pertaining to the GSTIN of the deductee, amount paid to deductee on which the tax is paid, amount of TDS.
Amendments to details of TDS of an earlier tax period	Any amendments pertaining to an earlier tax period will be specified under this head (any amendments here will also amend the TDS Certificate).
Liability (paid and payable)	The following details must be included here: · Amount of tax deducted · Amount of tax remitted · Interest on account of TDS · Fee for delayed filing of GSTR-7
Claim of Refunds	This section will be auto-populated