Applicability of TCS u/s 206C(1H) on GST Component?

There were doubts among taxpayers whether TCS u/s 206C(1H) is to be collected on net of GST amount or inclusive of GST. The matter has been clarified by Income Tax Department vide Circular No.17/2020 dated 29.09.2020

Para 4.6 of circular read as under:

4.6 Adjustment for sale return, discount or indirect taxes

“Adjustment for sale return, discount or indirect taxes 4.6.1 It is requested to clarify that whether adjustment is required to be made for sales return, discount or indirect taxes including GST for the purpose of collection of tax under sub-section (lH) of section 206C of the Act. It is hereby clarified that no adjustment on account of sale return or discount or indirect taxes including GST is required to be made for collection of tax under sub-section (IH) of section 206C of the Act since the collection is made with reference to receipt of amount of sale consideration.”

The above para clearly states that TCS u/s 206C(1H) is to be collectd on GST Portion also.

What is TCS u/s 206(1H)? 

Every person, being a seller, who receives any amount as consideration for sale of any goods of the value or aggregate of such value exceeding fifty lakh rupees in any previous year, other than the goods being exported out of India or goods covered in sub-section (1) or sub-section (1F) or sub-section (1G) shall, at the time of receipt of such amount, collect from the buyer, a sum equal to 0.1 per cent of the sale consideration exceeding fifty lakh rupees as income-tax.

Concessional rate of TCS due to pandemic, applicable upto 31.03.2021 as per Press Release dated 13.05.2020 – 0.075% 

Higher rate if buyer does not provide PAN / Aadhar – 1%

Who is liable to collect TCS – A person whose total sales, gross receipts or turnover from the business carried on by him exceed ten crore rupees during the financial year immediately preceding the relevant financial year.

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