Brief Introduction:
> TDS section 194Q has been introduced in Budget 2021 and will get applicable from 1st July, 2021
> TCS section 206C(1H) has been effected from 1st October, 2020
> Let us see both the sections in detail.
DISCUSSION
| PARTICULARS |
SECTION 194Q |
SECTION 206C(1H) |
| Purpose |
Tax to be deducted |
Tax to be collected |
| Applicability |
Buyer/Purchaser |
Seller |
| Counter party |
Resident Seller |
Resident Buyer |
| Trigger point |
- Turnover/ Gross Receipt/ Sales from the business of BUYER should exceed Rs 10 crore during the year (FY 20-21) (excluding GST)
|
- Turnover/ Gross Receipt/ Sales from the business of SELLER should exceed Rs 10 crore during the year (FY 19-20) (excluding GST)
|
| W.E.F |
1st July, 2021 |
1st October, 2020 |
| Timing of tax deduction |
Payment or credit whichever is earlier |
At the time of receipt |
| Advances |
TDS shall be deducted on advance payment made |
TCS shall be collected on advance receipts |
| Rates |
- 0.1%
- 5% (If PAN not available)
- on amount exceeding Rs 50 Lakhs
|
- 0.1% (0.075% for FY 2020-21)
- 1% (If PAN not available)
- On amount exceeding Rs 50 Lakhs
|
| Not applicable to |
- Transactions on which TDS is applicable under other provisions of the act
- Transactions on which TCS is applicable under 206C other than 206C(1H)
|
- Transaction on which TDS/TCS is applicable under other provisions of the act and the same has been complied with (Meaning thereby; in a situation where TDS has been deducted u/s 194Q this section will not apply)
|
| Exclusion |
Yet to be notified by Government |
- If buyer is –
- Importer of goods
- Center/State Govt., Local Authority
- An embassy, High Commission, consulate and trade representation of a foreign state
|
| TAN requirement |
YES |
YES |
| When to deposit/collect
|
- Tax so deducted shall be deposited with government by 7th day of subsequent month
|
- Tax so deducted shall be deposited with government by 7th day of subsequent month
|
| Form |
26Q |
27EQ |
| Certificate to be issued to seller/buyer |
Form – 16A |
Form – 27D |
Example:

Methodicaly well presented.
How can we make control on it, if buyer and seller
have same turnover, what is the loop hole in this section?
As per the notification, Buyer and seller achieve turnover above 10 Cr. then first prioritize 194Q. that means only TDS 194Q applicable.
Can you Ans. of Explain example No. 3
How would seller knows whether the buyer is going to deduct TDS or not ? because sale/advance is the first instance. Any declaration is required from buyer if he wants to avoid TCS (Assume both achieved 10Cr turnover in PY)
i have the same Question have u got some solution for this please suggest for the same.
Can u explain what about for ther period 1st april 20 to 30th june 20?
Which section is applicable?
What is transaction limit in this case?
Good information, i have checked various article but no one is able to conclude whether both section is applicable on single transaction or not. You made it clear that in case 194Q is applicable then section 206C (1H) is not applicable.
Best Part of your presentation is the Example shared by you
Keep it up.
Thank You Mr. Atul Sir
Yes it’s very informative article with very quick overview with great presentation.. seriously you’r affords are deserved appreciation..
Fantastic!. Superb Parth, Very well explained. Keep posting articles. Keep it up.
tds is deducted by the buyer if seller is charge the tcs
Informative
Nice one bhai keep it up like this I am proud of you brother
Very good article. Need some more in future.