LEGAL REQUIREMENTS UNDER INCOME TAX ACT WHEN SELLER OR SERVICE PROVIDER RECEIVED CONSIDERATION MORE THAN Rs. 2 lakh.

1. TAX COLLECTION AT SOURCE : With effect from 1st June, 2016, Finance Act 2016 has amended section 206C of the Income-tax Act to provide that the seller shall collect tax at the rate of one per cent from the purchaser on sale in cash of certain goods or provision of services exceeding two lakh rupees

Recently CBDT  clarify the following issue as regards applicability of the provisions relating to levy of TCS

Question 1: Whether tax collection at source under section 206C(1D) at the rate of 1% will apply in cases where the sale consideration received is partly in cash and partly in cheque and the cash receipt is less than two lakh rupees.

Answer : No. Tax collection at source will not be levied if the cash receipt does not exceed two lakh rupees even if the sale consideration exceeds two lakh rupees.

Illustration: Goods worth Rs. 5 lakhs is sold for which the consideration amounting to Rs.4 lakhs has been received in cheque and Rs.1 lakh has been received in cash. As the cash receipt does not exceed Rs.2 lakh, no tax is required to be collected at source as per section 206C (1D).

Question 2: Whether tax collection at source under section 206C (1D) will apply only to cash component or in respect of whole of sales consideration.

Answer: Under section 206C (1D), the tax is required to be collected at source on cash component of the sales consideration and not on the whole of sales consideration.

Illustration: Goods worth Rs. 5 lakhs is sold for which the consideration amounting to Rs.2 lakhs has been received in cheque and Rs.3 lakh has been received in cash. Tax is required to be collected under section 206C (1 D) only on cash receipt of Rs.3 lakhs and not on the whole of sales consideration of Rs.5 lakh.

2. PAN OF THE PURCHASER/SERVICE RECIPIENT : When seller/service provider receive consideration more than Rs. 2 Lakh either in Cash or Cheque or by any other mode with effect from 1st January, 2016 require to take PAN of the purchaser/service recipient.

The person raising bill shall ensure after verification that PAN has been correctly furnished and mentioned in the bill.

When PAN is not available:

If PAN is not available, a declaration in Form No. 60 should be taken from the purchaser/recipient of service. If the seller/service provider is required to get his account audited under section 44AB, then

Such person shall furnish a statement in Form No. 61containing particulars of such declaration through online transmission of electronic data and obtain an acknowledgement number.

  – 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.

Place where No. 61 file Form: – At Income tax site after log-in through user id and password as file ITR.

Due date for filing of Form No. 61: Two times in a year

30th April: for declarations received till 31 st March

31st October: for declarations received till 30th September

3. Furnishing AIR information by seller/service provider :- A statement of financial transaction (AIR) in Form No. 61A is to be submitted for transactions recorded on or after April 1, 2016 (due date of submission is May 31, 2017 for the financial year 2016-17). This rule is applicable only if the seller/service provider is required to get his account audited under section 44AB and such person receives for sale of goods/services to any person cash payment (in aggregate from one or more transactions during the financial year) exceeding Rs. 2 lakh,

In case of sale of jewellery, it is Rs. 5 lakh.

PROCEDURE FOR FILING ABOVE FORM

1ST STEP : Go to e-filling portal of income tax

2nd STEP : Log-in through user id as PAN number and password and date of birth

3rd STEP :  Go to my account and Manage ITDREIN and follow up next process after chosen appropriate Form No.

CA Santosh MishraCompiled by CA. S.K.Mishra, He may be reached at 201, Hariom Commercial Complex, New Dakbunglow Road, Patna, Email- casantoshmishras@gmail.com

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