Download Document

Corrigendum to Circular No. 76/50/2018-GST

Page 1 of 2


F.No. 20/16/04/2018 -GST
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs
GST Policy Wing

New Delhi, Dated the 7
th
March, 2019
To,
The Principal Chief Commissioners/ Chief Commissioners/ Principal Commissioners/
Commissioners of Central Tax (All)
The Principal Director Generals/ Director Generals (All)

Madam/Sir,
Subject: Corrigendum to Circular No. 76/50/2018-GST dated 31
st
December, 2018
issued vide F.No. CBEC- 20/16/04/2018-GST- Reg.

Vide serial number 5 of Circular No. 76/50/2018-GST dated 31
st
December, 2018, it
was clarified that the taxable value for the purposes of GST shall include the Tax Collected at
Source (TCS) amount collected under the provisions of the Income Tax Act, as the value to
be paid to the supplier by the recipient is inclusive of the said TCS.
2. In the light of the representations received from the stakeholders, the matter has been
re-examined in consultation with the Central Board of Direct Taxes (CBDT). The CBDT has
clarified that Tax collection at source (TCS) is not a tax on goods but an interim levy on the
possible “income” arising from the sale of goods by the buyer and to be adjusted against the
final income- tax liability of the buyer.
3. Accordingly, in S. No. 5 of the Circular No. 76/50/2018-GST dated 31
st
December,
2018:
For
5. What is the correct valuation
methodology for ascertainment of
GST on Tax collected at source
(TCS) under the provisions of the
Income Tax Act, 1961?
1. Section 15(2) of CGST Act specifies
that the value of supply shall include
“any taxes, duties cesses, fees and
charges levied under any law for the
time being in force other than this Act,
the SGST Act, the UTGST Act and the
GST (Compensation to States) Act, if
charged separately by the supplier.”

Corrigendum to Circular No. 76/50/2018-GST

Page 2 of 2

2. It is clarified that as per the above
provisions, taxable value for the
purposes of GST shall include the TCS
amount collected under the provisions
of the Income Tax Act since the value
to be paid to the supplier by the buyer is
inclusive of the said TCS.

Read
5. What is the correct valuation
methodology for ascertainment of
GST on Tax collected at source
(TCS) under the provisions of the
Income Tax Act, 1961?
1. Section 15(2) of CGST Act specifies
that the value of supply shall include
“any taxes, duties cesses, fees and
charges levied under any law for the
time being in force other than this Act,
the SGST Act, the UTGST Act and the
GST (Compensation to States) Act, if
charged separately by the supplier.”

2. For the purpose of determination of
value of supply under GST, Tax
collected at source (TCS) under the
provisions of the Income Tax Act, 1961
would not be includible as it is an
interim levy not having the character of
tax.

2. It is requested that suitable trade notices may be issued to publicize the contents of
this Circular.
3. Difficulty, if any, in implementation of this Circular may please be brought to the
notice of the Board. Hindi version would follow.

(Upender Gupta)
Principal Commissioner (GST)