Finance Act 2020 introduced a new provision under Section 206C (1H) for the Tax Collected at Source (TCS) on Goods With effect from 1st of October 2020.
As per the new provision if any seller of any goods whose turnover in the preceding FY exceeds Rs. 10 Crore then, from 1st of October 2020, he shall be liable to collect TCS @ 0.1% (Rate will be 0.075% till 31.03.2021) of the sale value from the buyer if the buyer purchase goods for the value exceeding Rs. 50 Lacs (Limit of Rs. 50 Lac shall be seen for each buyer separately). In other words, till the limit of Rs. 50 Lac there is no requirement to Collect TCS by the Seller however the moment purchases of the buyer exceeds Rs. 50 Lac from the same seller then on such excess amount seller shall collect the TCS. However, in the First year of implementation of this new provision Sale made to buyers up to 30th September 2020 shall not be liable to collect the TCS.
Explanation of the Important Terms used in the Provision
Seller: Seller means 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 financial year in which the sale of goods (Sale of Services is not covered) is carried out, not being a person as the Central Government may, by notification in the Official Gazette, specify for this purpose, subject to such conditions as may be specified therein.
Buyer: Buyer means a person who purchases any goods, but does not include,—
(A) the Central Government, a State Government, an embassy, a High Commission, legation, commission, consulate and the trade representation of a foreign State; or
(B) a local authority as defined in the Explanation to clause (20) of section 10; or
(C) a person importing goods into India or any other person as the Central Government may, by notification in the Official Gazette, specify for this purpose, subject to such conditions as may be specified therein;
Goods: However the Goods have not been defined in the Income Tax Act, hence we have to borrow the reference from other acts related to Goods like Sales of Goods Act, 1930 or Goods and Service Tax Act 2017. In the both Acts the Term “Goods” has been defined as “Goods” means every kind of movable property other than money and securities but includes actionable claims, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before supply or under a contract of supply .
So if any person deals in the goods covered under the above definition then he shall be liable to Collect TCS under the newly inserted provisions.
However, Seller is not required to Collect TCS on all the Types of sales under Section 206C(1H), there are some exceptions give to this provision, these are listed below:
– If the Goods are Exported out of India
– If the goods are of such type on which TDS is liable to be deducted by the buyer (Like in case of Job Work, Composite Supply).
– If the Seller is liable to collect the TCS under any other clause of Section 206C. (Like in case of Motor Vehicle dealer he shall collect the TCS on the motor vehicles if the value of the vehicle exceeds Rs. 10 Lac)
It must be note that if the Buyer did not provide his PAN or Aadhar Number then the rate of TCS shall be 1% instead of 0.1% (Rate will be 0.075% till 31.03.2021).
For better understanding let us take a look at the various scenarios:
|Sr. No.||Seller||Year 19-20||Year 20-21||Buyer||Selling till 30th Sep||from 1st October||TCS u/s 206C(1H)||Remarks|
|1||Arun||12 Cr||9 Cr||Tarun||24,00,000||65,00,000||3,900||on 39 Lac (Being Excess of Rs. 50 Lac)|
|2||Arun||9 Cr||12 Cr||Tarun||24,00,000||65,00,000||NA||As Turnover in the FY 2019-20 not exceeding Rs. 10 Crore|
|3||Arun||12 Cr||18 Cr||Tarun||85,00,000||6,00,000||600||on Rs. 6 Lac being Turnover after 30th September|
|4||Arun||12 Cr||18 Cr||Local Authority (Municpal Corporatio of Delhi)||55,00,000||20,00,000||NA||As this Clause not applicable if buyer is Local Authority|
|5||Arun (Job Worker)||15 Cr||12 Cr||Tarun (Who is Liable to deduct TDS on the Value of Job Work||30,00,000||35,00,000||NA||As this transaction is already covered by TDS|
|6||Arun (Auto Dealer)||20 Cr||15 Cr||Tarun (Buy A Car)||0||15,00,000||NA||As on this transaction TCS shall be Collect u/s 206C(1F)|
– For the seller to collect the TCS on the selling of goods Rs. 10 Crore Limit shall be Consider each year. If in the preceding FY Turnover exceed Rs. 10 Cr only then this provision shall be applicable otherwise not.
– Same case with the buyer, the limit of Rs. 50 Lac shall be checked every year. Suppose in the year 2020-21 Seller Arun collects the TCS from the buyer Tarun but in the next year Tarun buys goods only for Rs. 25 Lacs from Arun, then it cannot be said that as in the last year i.e. in the year 2020-21 TCS was Collected from Traun hence it has to be collected in the succeeding years also irrespective of the amount of buying.
Some Practical Issues to be dealt with:
(A) Mis-Match of 26AS and Books:
Since under the section 206C(1H) liability to deposit the TCS amount with the govt. will be arises on the receipt basis hence there may be instances where Buyer buys the goods in one financial year and made payment in the next financial year and seller will deposit the TCS on the receipt basis i.e. in the next financial year. This may lead to mismatch in the buying as showing in the books of accounts and buying reflecting in the Form 26AS.
(B) Cancellation of Sale Agreement:
In case where the seller received the advance for the selling the goods and he deposited the TCS thereon however later on such deal stands cancelled in that case what will be the consequences? Whether seller shall refund only amount pertaining to sale of goods or refund the whole amount and subsequently revise the TCS return and how the seller shall receive back such amount? These all the issues are to be looked after by the board and issued the detailed guidelines over it.
(C) Not Liable to Collect TCS if Transaction Liable to TDS:
It is provided that if the buyer liable to deducts and also deducts it then seller is not required to collect the TCS. In this regard it is to be note that in many cases the seller is not aware about the fact that whether the buyer shall deduct TDS or not. What will be the consequences then? Whether the seller firstly not charge the TCS in the invoice assuming that buyer will deduct the TDS and later on when the seller received the payment he comes to know that buyer has not deduct the TDS at that time whether the seller will raise a Debit Note for the TCS Amount?
The above mentioned issues are a few and there may be other issues also in the practical implementation of this provision. That’s why the Government has already inserted the clause 206C(1-I) provided that “If any difficulty arises in giving effect to the provisions of sub-section (1G) or sub-section (1H), the Board may, with the approval of the Central Government, issue guidelines for the purpose of removing the difficulty.”
Though this provision will surely bring the buyer also under the Income Tax Net, but however it also has to be understand that practically this will lead to some disputes between the seller and the buyer as if the TDS has not been deducted by the Buyer (if the goods liable to deduct the TDS) then Seller will demand TCS and this will surely going to arise some clashes between the parties.
Another thing is that liability to deposit TCS with the govt. arises on the receipt basis and it is going to be a burdensome task, as every time seller received the payment from the buyer he has to remit the TCS to the Govt. This provision should also be drafted on the same footprints of other sections related to TDS/TCS deposit i.e. Liability of TCS deposit u/s 206C(IH) should also be on the basis of Due or Receipt whichever is earlier. However, For the sake of Simplicity and compliance with the provision the seller can follow the practice of deposit of the TCS on the due basis i.e. on the invoice basis.
Further it is also worthwhile to mention here that we should also wait for the detailed FAQs and guidelines of the CBDT over this provision in the due course of time.