Swathi Corporation is a Public Sector Undertaking registered in Karnataka. For entertainment events in Bengaluru and at Mumbai, Swathi has given…

CA Final · Indirect Tax Laws · MTP · November 2024
Swathi Corporation is a Public Sector Undertaking registered in Karnataka. For entertainment events in Bengaluru and at Mumbai, Swathi has given contract to Mr. Mast Nath, a renowned artist, registered person in Maharashtra, to perform on contemporary Bollywood songs. Swathi Corporation agreed to pay - 12,39,000 and - 18,29,000, inclusive of GST, for Mumbai and Bengaluru events respectively. Swathi Corporation seeks your advice regarding amount of TDS to be deducted assuming GST rate @ 18% (CGST @ 9%, SGST @ 9%, IGST @I8%).

Suggested Answer and Working Notes:

A Public Sector Undertaking is required to deduct tax @ 2% (on inter-State supplies) from payment made to the supplier of taxable services where the total value of such supply, excluding tax indicated in the invoice, under a contract, exceeds - 2,50,000. Value of supplies excluding tax are 10,50,000 (₹ 12,39,000 × 100/118) and 15,50,000 (₹ 18,29,000 × 100/118) Further, in the given case, since the location of supplier is Maharashtra and place of supply of services provided by Mr. Mast Nath to Swathi Corporation is the location of recipient, viz. Karnataka, said services provided at both Mumbai and Bengaluru events are inter-State supplies. Accordingly, in the given case, Swathi Corporation is required to deduct tax as follows: (i) 10,50,000 × 2% = 21,000 (IGST) (ii) 15,50,000 × 2% = 31,000 (IGST)

Topics: Payment of Tax

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