New Income Tax Provision w.e.f 1st October 2021

Last Updated On: July 13, 2021, 10:39 p.m.
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TCS ON SALE OF GOODS W.E.F 1ST OCTOBER 2021

What is Section 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 50 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'. That means, that Every seller who has received any amount as sale consideration above Rs. 50 lakhs (limit to calculate from 1st April, 2020) has to collect 0.075% of bill amount from such buyer, collect PAN and pay as TCS every month.

 

Applicability of Section 206C(1H)

  • It would be applicable to all sellers of goods whose turnover for the preceding Financial Years exceeds Rs. 10 Crores (100 Million) rupees.
  • That means, if during FY 2019-20, turnover was exceeded INR 10 Crores, then For FY 2020-21 w.e.f 01.10.2020, this provision will be applicable to such sellers.

 

Applicability Date of TCS on sale of Goods under section 206C(1H)

  • The new provisions added by the sub section 1(H) of section 206C will be Applicable from the 1st of October, 2020

 

Newly added provisions of section 206C (1H)  

Buyer

Buyer means a person who purchases any goods, but does not include:

The Central Government, a State Government, an embassy, a High Commission, legation, commission, consulate and the trade representation of a foreign State; or

A local authority as defined in the Explanation to clause (20) of section 10; or

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.

 

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.

According to the definition only those people are seller whose turnover exceeded Rs. 10 crore in the financial year preceding the financial year in which sale was made. For eg: If a sale is being made by a person in FY 2020-21 then he will be eligible to collect TCS on same if his turnover in FY 2019-20 was above Rs. 10 crore. Therefore a business which started in FY 2020-21 won't be liable to collect such TCS.

Even payment received on or after 01.10.2020 pertaining to sales made before 01.10.2020 would be liable for TCS. In such case, TCS should be recovered by raising debit note to buyer for TCS amount.

TCS would be collected from buyer to whom sale exceeding Rs. 50 lakhs is made in a year and this will not include sale of service or export sale.

TCS shall be applicable only on amount of sale exceeding Rs. 50 lakhs in a year. That means if a person has sold goods worth Rs, 60 Lakhs to one buyer, then TCS needs to be collected 0.1% only on Rupees 10 Lakhs.

Amount of TCS which needs to be collected if PAN or Aadhar card not available would be 1% instead of 0.1%. However, till 31.03.2021 this rate has been reduced to 0.075%. TCS under this section shall not be applicable where TDS is being deducted on same transaction or TCS is collected.

This provision is not applicable in the case of export of goods and sales made to the Government.

 

THINGS TO KNOW ABOUT NEW PROVISION:

1. How to compute the threshold limit of Rs 50 lakh?
The threshold of Rs 50 lakh shall apply to the entire financial year starting from April 1, 2020. If up to September 30, 2020 the seller has already received Rs 50 lakh or more from the buyer, tax under this provision shall be collected on all sum received on or after October 1, 2020.

 

2. Whether TCS has to be collected on Sale of Immovable Property?
TCS is required to be collected on sale of goods. As per Section 2(7) of the Sales of Goods Act, 1930, 'goods' means every kind of movable property. Thus, the immovable property shall not be treated as 'goods'. Consequently, the TCS shall not be collected from the sale of immovable property.

 

3.Whether TCS to be collected on sale of service?
TCS shall be collected on the consideration for "sale of any goods". The term 'goods' is not defined in the Income-tax Act. The term 'goods' is of wide import. Anything which comes to the market can be treated as goods. Therefore, the sale of services are not subject to collection of TCS.

 

4. Whether TCS has to be collected on GST amount?
TCS is required to be collected on the sale consideration inclusive of GST. The CBDT has clarified that since the collection is made with reference to receipt of the amount of sale consideration, no adjustment on account of indirect taxes including GST is required to be made for the collection of tax under this provision.

 

5. Rate of collecting TCS
The tax shall be collected by the seller of goods at the rate of 0.1 per cent of the sale consideration exceeding Rs 50 lakh if the buyer has furnished his PAN or Aadhaar. If buyer does not submit PAN or Aadhaar, then, the tax shall be collected at the rate of 1 per cent.

The rate of TCS has been reduced to 0.075 per cent till March 31, 2021 due to the economic situation arising out of the COVID-19 pandemic. However, if the buyer does not the PAN or Aadhaar, the tax shall be collected at the rate of 1 per cent.

 

 

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