13/06/2016
DECODING SECTION 206 C SUB SECTION (1D) Analysis of Provision of TCS on cash sale of goods or services : CA AMRESH VASHISHT ,MEERUT
Every person, being a seller, who receives any amount in cash as consideration for sale of bullion or jewellery or any other goods (other than bullion or jewellery) or providing any service shall, at the time of receipt of such amount in cash, collect from the buyer, a sum equal to one per cent of sale consideration as income-tax, if such consideration,—
(i) for bullion, exceeds two Lacs; or
(ii) for jewellery, exceeds five Lacs or
(iii) for any goods, other than referred to in clauses (i) and (ii), or any service, exceeds two Lacs THE SELLER Persons who are required to collect TCS as “Seller” are: a) Central Government, b) A State Government or c) Any local authority or d) Corporation or authority established by or under a Central, State or Provincial Act, or e) Any company or f) Firm or g) Co-operative society and also includes h) An individual or a Hindu undivided family whose total sales, gross receipts or turnover from the business or profession carried on by him exceed the monetary limits specified under clause (a) or clause (b) of section 44AB during the financial year immediately preceding the financial year in which the good are sold / services are provided.
20 FINE POINTS
1. The seller will collect tax at the rate if sale is made or service is rendered w.e.f 01.06.2016
2. Sale of any goods or any services (other than bullion or jewellery)
3. Tax will be collected at the time of receipt of any amount in cash.
4. Consideration for goods or services exceeds Rs. 2,00,000 in a (single) bill.
5. The limit of Rs.2 lakh would apply for each transaction or bill of purchase or expense separately, and therefore, though all the transactions put together for the year may exceed the limit, if each transaction of purchase or expense is below Rs.2 lakh, the provisions of TCS would not apply.
6 .Out of such consideration, any amount is received in cash, then applicable on full.
7. The seller will collect tax at the rate of 1% of sale consideration
8. The seller will not be obliged to collect the tax, if the buyer has deducted the tax at source from the payment. Thus Provider of a service may not be obliged to collect tax, if the recipient has deducted tax at source. Chapter XVII-B
9.This Rule will be applicable irrespective of the fact whether the buyer is a manufacturer or trader. However, the purchaser can obtain a lower TCS certificate u/s 197 by submitting Form No. 13 to the Assessing Officer.
10.The seller will not be obliged to collect the tax, if the buyer has deducted the tax at source from the payment.
11. Seller/service provider is required to take PAN of the purchaser/recipient of service.The person raising bill shall ensure after verification that PAN has been correctly furnished and mentioned in the bill. If PAN is not available, a declaration in Form No. 60 should be taken from the purchaser/recipient of service.Such a person is required to retain Form No. 60 for a period of 6 years from the end of the financial year in which the transaction is undertaken.
12.The seller will furnish certificate to the buyer stating that tax has been collected, and specifying the sum so collected, the rate at which the tax has been collected.
13. Seller shall submit Quarterly statement in Form 27EQ within due dates
14. TCS so collected shall be deposited within 7 days from the close of month of collection to the credit of the Central Government.
15. TCS certificate in form 27D shall be furnished to the collectee within due dates
16. “Statement of Financial Transactions “ has to be furnished in form 61A by all assessee liable to Tax Audit u/s 44AB in case receipt of cash payment exceeding Rs 2,00,000 for sale of goods/services of any nature.
17. If the buyer does not have PAN and has submitted the Form 60, a half yearly return in Form 61 needs to be filed by 30th October and 30th April, for the periods from April-September and October-March. [Rule 114D].
18. Panelty 271CA. (1) If any person fails to collect the whole or any part of the tax as required by or under the provisions of Chapter XVII-BB, then, such person shall be liable to pay, by way of penalty, a sum equal to the amount of tax which such person failed to collect as aforesaid.
19. Panelty 271CA. (2) Any penalty imposable under sub-section (1) shall be imposed by the Joint Commissioner.]
20. e-TDS / TCS returns through e-filing portal https://incometaxindiaefiling.gov.in
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