Section 206C

Interplay between TDS u/s 194Q and TCS u/s 206C(1H)

Income Tax - Finance Act, 2020 had inserted sub-section (1H) in section 206C of the Act  relating to TCS on sale of goods whereas Finance Act, 2021 inserted a new section 194Q to the Income Tax Act relating to TDS on purchase of goods. Introduction of these standards have created a burden on the taxpayers as it impacts […]...

Analysis of Form 13 for applying lower/Nil TDS/TCS deduction/collection

Income Tax - Income Tax FORM 13 is gives option to taxpayers to avail benefit of lower/nil deduction of taxes on their respective income which is liable for TDS as well as lower or No TCS in regard to transaction covered under Section 206C ...

TDS applicability on purchase of goods under section 194Q

Income Tax - Firstly, vide Finance Act, 2020, sub-section (1H) was inserted into section 206C of the Income Tax Act. As per section 206C(1H), the seller of the goods receiving the consideration of value exceeding INR 50 Lakhs was required to collect TCS @ 0.1%. The provisions are effective from 1st October 2020. Later on the similar lines, […]...

TDS and TCS under Income Tax- Section 194Q & Section 206(1H)

Income Tax - TDS and TCS are the government’s most important sources of revenue. It’s also critical for businesses to pay their taxes on time to avoid penalties and remain compliant. With effect from 01/07/2021, Finance Act of 2021 inserted section 194Q to provide a deduction of tax on certain purchases. Section 194Q of the Income tax Act ...

TCS on sale or TDS on purchase conundrum

Income Tax - Regarding applicability of provisions of section 194Q and 206C(1H) of Income Tax Act, 1961 w.e.f 01.04.2022. 206C(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 [&...

TCS & TDS on Buying and Selling of Bullion & Jewellery

Income Tax - Clarification on Applicability of TCS And TDS on Buying and Selling of Bullion & Jewellery In view of Circular No. 13 of 2021, dated 30/06/2021 issued by Central Board of Direct Taxes, Ministry of finance, with regard to chargeability of TCS Vs TDS. Vide clause 4.9.5(v), following can be concluded....

TDS not deductible on rent payment made to person who is exempt from payment of tax

Jack N Jill Solo Complex ITO (ITAT Gauhati) - ITAT Gauhati held that deduction of tax at source not liable as payment of rent was made to assessee who are not liable to pay tax in terms of exemption u/s 10(26) of the Income Tax Act. Accordingly, assessee cannot be held to be ‘assessee in default’....

Imposition of late fees for delay in filing of TDS/ TCS statement prior to 01.06.2015 is bad-in-law

St. Alphonsa Timbers & Traders  Pvt Ltd Vs ITO (ITAT Cochin) - ITAT Cochin held that prior to 1st June 2015, there was no provision enabling demand in respect of levy of fees u/s 234E for late filing of TDS/ TCS statement. Accordingly, imposition of late fees prior to 1st June 2015 is bad-in-law....

Failure to collect TCS – ITAT quashes order passed beyond limitation period

Nisarahmed Abdulsattar Vs ITO (ITAT Ahmedabad) - In Nisarahmed Abdulsattar Vs. ITO, ITAT Ahmedabad quashes the Assessment Order for failure to collect TCS on the sale of metal scrap before the limitation period. Read the full order here....

TCS on Scrap- No time line prescribed for filing of declaration to claim exemption

Falgun N. Sheth Vs ITO (ITAT Rajkot) - Falgun N. Sheth Vs ITO (ITAT Rajkot) The plain reading of the provision of law as provided in section 206C(1A) of the Act would bring out there is no time line prescribed for filing of such declaration. Nothing to this effect has been brought to our notice by the ld. DR; nor is it his […]...

What is scrap for one person could be a useful product for another – TCS not deductible

Balaji Build Tech Vs ITO (TDS) (ITAT Cuttack) - In case of the assessee itself if we take the presumption that what the assessee has purchased from RSP is only scrap then he would be selling the same to some other steel manufacturing plant. However, the sales are retail sales. This itself shows that what has been sold by the assessee is not scrap...

Domestic tour operator not required to collect TCS on sale of overseas tour package to non-resident individuals visiting India

Notification No. 20/2022-Income Tax [S.O. 1494(E)] - (30/03/2022) - Provisions of TCS shall not apply to a buyer being an individual who is not a resident in India and who is visiting India. Hence, a domestic tour operator is not required to collect tax on sale of overseas tour package to non-resident individuals visiting India....

Guideline on TDS/TCS under Section 194O, section 194Q & Section 206C

Circular No. 20/2021-Income Tax - (25/11/2021) - Guidelines under sub-section (4) of section 194-0, sub-section (3) of section 194Q and sub­section (1-I) of section 206C of the Income-tax Act, 1961...

No section 206C(1H) TCS on transfer of goods by Air India to holding company

Notification No. 108/2021-Income Tax [S.O. 3681(E)] - (10/09/2021) - Central Government hereby specifies that, Air India Limited (PAN: AACCN6194P) shall not be considered as ‘seller’ for the purposes of sub-section (1H) of section 206C of the said Act in relation to transfer of goods by it to Air India Assets Holding Limited (PAN: AAQCA4703M) under a plan approve...

Recent Posts in "Section 206C"

TDS not deductible on rent payment made to person who is exempt from payment of tax

Jack N Jill Solo Complex ITO (ITAT Gauhati)

ITAT Gauhati held that deduction of tax at source not liable as payment of rent was made to assessee who are not liable to pay tax in terms of exemption u/s 10(26) of the Income Tax Act. Accordingly, assessee cannot be held to be ‘assessee in default’....

Imposition of late fees for delay in filing of TDS/ TCS statement prior to 01.06.2015 is bad-in-law

St. Alphonsa Timbers & Traders  Pvt Ltd Vs ITO (ITAT Cochin)

ITAT Cochin held that prior to 1st June 2015, there was no provision enabling demand in respect of levy of fees u/s 234E for late filing of TDS/ TCS statement. Accordingly, imposition of late fees prior to 1st June 2015 is bad-in-law....

Failure to collect TCS – ITAT quashes order passed beyond limitation period

Nisarahmed Abdulsattar Vs ITO (ITAT Ahmedabad)

In Nisarahmed Abdulsattar Vs. ITO, ITAT Ahmedabad quashes the Assessment Order for failure to collect TCS on the sale of metal scrap before the limitation period. Read the full order here....

Interplay between TDS u/s 194Q and TCS u/s 206C(1H)

Finance Act, 2020 had inserted sub-section (1H) in section 206C of the Act  relating to TCS on sale of goods whereas Finance Act, 2021 inserted a new section 194Q to the Income Tax Act relating to TDS on purchase of goods. Introduction of these standards have created a burden on the taxpayers as it impacts […]...

Posted Under: Income Tax |

Analysis of Form 13 for applying lower/Nil TDS/TCS deduction/collection

Income Tax FORM 13 is gives option to taxpayers to avail benefit of lower/nil deduction of taxes on their respective income which is liable for TDS as well as lower or No TCS in regard to transaction covered under Section 206C ...

Posted Under: Income Tax | ,

TDS applicability on purchase of goods under section 194Q

Firstly, vide Finance Act, 2020, sub-section (1H) was inserted into section 206C of the Income Tax Act. As per section 206C(1H), the seller of the goods receiving the consideration of value exceeding INR 50 Lakhs was required to collect TCS @ 0.1%. The provisions are effective from 1st October 2020. Later on the similar lines, […]...

Posted Under: Income Tax | ,

TCS on Scrap- No time line prescribed for filing of declaration to claim exemption

Falgun N. Sheth Vs ITO (ITAT Rajkot)

Falgun N. Sheth Vs ITO (ITAT Rajkot) The plain reading of the provision of law as provided in section 206C(1A) of the Act would bring out there is no time line prescribed for filing of such declaration. Nothing to this effect has been brought to our notice by the ld. DR; nor is it his […]...

What is scrap for one person could be a useful product for another – TCS not deductible

Balaji Build Tech Vs ITO (TDS) (ITAT Cuttack)

In case of the assessee itself if we take the presumption that what the assessee has purchased from RSP is only scrap then he would be selling the same to some other steel manufacturing plant. However, the sales are retail sales. This itself shows that what has been sold by the assessee is not scrap but usable products....

TCS not applicable on Timber sawn into logs of different dimensions & shapes

PCIT (TDS) Vs Nirmal Kumar Kejriwal (Calcutta High Court)

PCIT (TDS) Vs Nirmal Kumar Kejriwal (Calcutta High Court) The first objection raised by the assessee was that the tax collected at source is applicable on raw timber which mean timber logs that is obtained from the forest produce. Apart from that they had stated that they were trading in processed wood which are imported […]...

TDS and TCS under Income Tax- Section 194Q & Section 206(1H)

TDS and TCS are the government’s most important sources of revenue. It’s also critical for businesses to pay their taxes on time to avoid penalties and remain compliant. With effect from 01/07/2021, Finance Act of 2021 inserted section 194Q to provide a deduction of tax on certain purchases. Section 194Q of the Income tax Act ...

Posted Under: Income Tax |

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