206C(1)

SECTION 206C(1) : TCS ON SALE OF GOODS

SECTION 206C(1): TCS ON SALE OF GOODS

.

1.What do you mean by TCS?

TCS stands for Tax collected at Source. TCS is a kind of tax that is collected by the seller from the buyer on sale of certain type of goods if the amount exceeds a specified limit, so that it can be deposited to the government.

.

TCS is required to be collected at the source if the value of transaction exceeds a specified amount.

.

The purchaser can claim this tax collected by the seller while paying his income tax liability for the year, and if the TCS collected is more than the income tax liability of the assessee then he/ she will be entitled to a refund.

.

The main purpose of introduction of TCS was to reduce the Tax evasion by the person receiving the income.

.

Note: –

Seller– A seller who sells specific goods and is responsible for collection of tax from the purchaser.

.

Purchaser– A purchaser is the person who buys specific goods from seller is responsible for paying TCS amount to seller.

.

2. What is TCS under Section 206C(1) of Income Tax Act?

Section 206C(1) of Income Tax Act, 1961 mandates the collection of tax at source (TCS) on sale of goods.

.

3.When is TCS to be deducted under Section 206C(1)?

TCS requirement arises:

 Debiting the money payable by the buyer to their accounts in books.

Or

 Upon receipt of such money from the buyer in any mode, whichever is earlier.

.

Few examples of date of deduction are: –

.

S.no

Date of Payment

Date of debiting the money payable by the buyer

Date of TCS deduction

1.

30/04/2024

30/04/2024

30/04/2024

2.

30/04/2024

01/05/2024

30/04/2024

3.

01/05/2024

30/04/2024

30/04/2024

4.

01/05/2026

30/04/2024

30/04/2024

.

.

4.Who is required to deducts TCS under Section 206C(1)?

Any person other than Individuals/ HUFs (Individuals/ HUFs are required to collect TCS if their turnover is more than Rs. 1 crore or gross receipts is more than Rs. 50 lakhs during the previous year) are required to collect TCS under Section 260C(1) on sale of various goods like:-

 Sales of Tendu leaves.
 Sale of timber & other forest products.
 Sale of Alcoholic liquor for human consumption.
 Sale of Scrap.
 Sale of Minerals being coal, lignite, iron ore.

.

Example:

Mr. Kunal buys Liquor for human consumption for selling in the market from Mr. Yogendra for Rs. 10 lakhs on 31/07/2024, 25 lakhs on 30/11/2024, 35 lakhs on 31/01/2025, 40 lakhs on 31/03/2025. Discuss the TCS implications on such transactions?

.

As per Section 206C(1), when the buyer sells liquor used for human consumption then he has to collect TCS @ 1% on such transactions.

.

The TCS collection will be as follows: –

.

S.NO

DATE

TCS AMOUNT

TCS DEPOSIT DATE

1.

31/07/2024

10,000 (10,00,000 * 1%)

07/08/2024

2.

30/11/2024

25,000 (25,00,000 * 1%)

07/12/2024

3.

31/01/2025

35,000 (35,00,000 * 1%)

07/02/2025

4.

31/03/2025

40,000 (40,00,000 * 1%)

30/04/2025

.

.

.

5.Rate of TCS under Section 206C(1)?

The TCS rate under this Section is: –

.

Sl no.

Nature of transaction

TCS if pan is available

TCS if pan not available

1.

Sale of tendu leaves

5%

10%

2.

Sale of Timber & other forest products

.

2.5%

.

5%

3.

Sale of alcoholic liquor for human consumption

.

1%

.

5%

4.

Sale of scrap

1%

5%

5.

Sale of Mineral being coal, Lignite, Iron ore

.

1%

.

5%

.

6.Exemption under Section 206C(1)?

No TCS if: –

 The buyer buys such goods for his personal consumption.
 The buyer is Public Sector Company.
 The Buyer is Central Government, State Government, Embassy, High Commission, Consulate, Trade representative and clubs.
 If resident buyer furnishes a declaration to the seller that “goods” are to be utilized in manufacturing/ production of any article or for the purpose of generation of power.
 If the buyer T/o of the last year more than Rs. 10 crores then buyer is required to deduct TDS u/s 194Q.
7.Time limit for deposit of TCS under Section 206C(1)?

The due date for deposit of TCS is as below: –

Month

Due Date

April

On or before 7th May.

May

On or before 7th June.

June

On or before 7th July.

July

On or before 7th August.

August

On or before 7th September.

September

On or before 7th October.

October

On or before 7th November.

November

On or before 7th December.

December

On or before 7th January.

January

On or before 7th February.

February

On or before 7th March.

March

On or before 30th April.

.

.

8.What is the due date for filing of TCS return under Section 206C(1)?

TCS is to be deposited monthly on the dates mentioned above but the return is to be filed quarterly on or before the below mentioned dates: –

Quarter

Period

Due date (TCS filing)

1St quarter

April-June

15TH July.

2nd quarter

July-September

15TH October.

3rd quarter

October- December

15TH January.

4th quarter

January- March

15TH May.

.

.

9.Type of TCS return & form to be issued?

TCS under this section has to filed quarterly through FORM 27EQ and the collector has to issue FORM 27D to the buyer within 15 days of filing of return.

.

10.Fees/ Penalties for Late/ Non- Filing of TCS u/s 206C(1)?

Following penalties/fees will be levied if there is delay in TCS deduction or delay in deposit of TCS or non-filing of quarterly return.

Particulars

Penalty

TCS not deducted on time.

1% per month or part of month.

TCS deducted but not deposited before due date

1.5% per month or part of month.

TCS return not file on or before due date

200 per day maximum till TCS amount.

.

.

.

11.FREQUENTLY ASKED QUESTIONS?

.

Q. What is the threshold limit for TCS under 206C(1)?

A. NO, there is no threshold under Section 206C(1).

.

Q. Is Section 206C(1) applicable when the payee is a non-resident?

A. YES, this section also applies when the buyer is non-recipient.

.

Q. Is TCS applicable on GST amount also?

A. NO, TCS u/s 206C(1) is not applicable on GST amount, TCS is applicable on net amount after deduction of all taxes.

.

.

.

.

.

.

.

.

206C(1G)

SECTION 206C(1G) : TCS ON OUTWARD REMITTANCE UNDER LRS

SECTION 206C(1F): TCS ON SALE OF MOTOR VEHICLES

.

1.What do you mean by TCS?

TCS stands for Tax collected at Source. TCS is a kind of tax that is collected by the seller from the buyer on sale of certain type of goods if the amount exceeds a specified limit, so that it can be deposited to the government.

.

TCS is required to be collected at the source if the value of transaction exceeds a specified amount.

.

The purchaser can claim this tax collected by the seller while paying his income tax liability for the year, and if the TCS collected is more than the income tax liability of the assessee then he/ she will be entitled to a refund.

.

The main purpose of introduction of TCS was to reduce the Tax evasion by the person receiving the income.

.

Note: –

Seller– A seller who sells specific goods and is responsible for collection of tax from the purchaser.

.

Purchaser– A purchaser is the person who buys specific goods from seller is responsible for paying TCS amount to seller.

.

2. What is TCS under Section 206C(1F) of Income Tax Act?

Section 206C(1F) of Income Tax Act, 1961 mandates the collection of tax at source (TCS) on sale of motor vehicle.

.

3.When is TCS to be collected under Section 206C(1F)?

TCS requirement arises:

 Debiting the money payable by the buyer to their accounts in books.

Or

 Upon receipt of such money from the buyer in any mode, whichever is earlier.

.

Few examples of date of collection are: –

.

S.no

Date of Payment

Date of debiting the money payable by the buyer

Date of TCS collection

1.

30/04/2024

30/04/2024

30/04/2024

2.

30/04/2024

01/05/2024

30/04/2024

3.

01/05/2024

30/04/2024

30/04/2024

4.

01/05/2026

30/04/2024

30/04/2024

.

.

4.Who is required to collect TCS under Section 206C(1F)?

Any person other than Individuals/ HUFs (Individuals/ HUFs are required to collect TCS if their turnover is more than Rs. 1 crore or gross receipts is more than Rs. 50 lakhs during the previous year) are required to collect TCS under Section 260C(1C) on Sale of Motor Vehicles exceeding Rs. 10 lakhs.

.

NOTE: –

The threshold limit of Rs. 10 lakhs has to be looked at on each individual purchase and not on aggregate purchases made during the year.

.

Example:

Example 1: – Whether TCS @ 1% will be applicable on sales of BMW car to Mr. Sahil for self-consumption amounting to Rs. 118 Lakhs (100 lakhs plus 18% GST)?

.

Yes, TCS will be applicable @1% under Section 206C(1F) as Mr. Sahil is a consumer not a dealer.

.

Example 2: – Guruji motors (Car dealer) sold a Tesla car to Mr. Kunal and the amount was Rs. 212 Lakhs including GST. What will be TCS implications?

.

Guruji motors shall collect TCS @ 1% on amount of Rs. 212 Lakhs since car is sold by a dealer to an individual and not sold to a car dealer.

.

Example 3: BMW ltd sold 20 BMW cars @ 1 crore each plus GST @ 18% to Maruti motors. Explain TCS/TDS implications?

.

TCS @ 1% will not be applicable on this transaction as the transaction is between dealers and not between dealer and consumer, but TDS/ TCS will be applicable on the transaction under Section 194Q/ 206C(1H) subject to the terms & conditions.

.

5.Rate of TCS under Section 206C(1F)?

The TCS rate under this Section is: –

.

Sl no.

Nature of transaction

TCS if pan is available

TCS if pan not available

1.

Sale of motor vehicle exceeding Rs. 10 lakhs

1%

5%

.

6.Exemption under Section 206C(1F)?

No TCS if: –

 The buyer is a public sector company engaged in the business of carrying passengers.
 The buyer is Central government, State government, High commission, Consulate, Trade representation, Local authority.
 If the buyer T/o of the last year more than Rs. 10 crores then buyer is required to deduct TDS u/s 194Q.
 If the T/o of seller during the previous year is less than Rs. 1 Crore.
 If the gross receipts of seller during the previous year is less than Rs. 50 lakhs.
 The sales is made by manufacturer to dealers/ distributors.
7.Time limit for deposit of TCS under Section 206C(1F)?

The due date for deposit of TCS is as below: –

Month

Due Date

April

On or before 7th May.

May

On or before 7th June.

June

On or before 7th July.

July

On or before 7th August.

August

On or before 7th September.

September

On or before 7th October.

October

On or before 7th November.

November

On or before 7th December.

December

On or before 7th January.

January

On or before 7th February.

February

On or before 7th March.

March

On or before 30th April.

.

.

8.What is the due date for filing of TCS return under Section 206C(1F)?

TCS is to be deposited monthly on the dates mentioned above but the return is to be filed quarterly on or before the below mentioned dates: –

Quarter

Period

Due date (TCS filing)

1St quarter

April-June

15TH July.

2nd quarter

July-September

15TH October.

3rd quarter

October- December

15TH January.

4th quarter

January- March

15TH May.

.

.

9.Type of TCS return & form to be issued?

TCS under this section has to filed quarterly through FORM 27EQ and the collector has to issue FORM 27D to the buyer within 15 days of filing of return.

.

10.Fees/ Penalties for Late/ Non- Filing of TCS u/s 206C(1F)?

Following penalties/fees will be levied if there is delay in TCS collection or delay in deposit of TCS or non-filing of quarterly return.

Particulars

Penalty

TCS not collected on time.

1% per month or part of month.

TCS collected but not deposited before due date

1.5% per month or part of month.

TCS return not file on or before due date

200 per day maximum till TCS amount.

.

.

.

11.FREQUENTLY ASKED QUESTIONS?

.

Q. What is the threshold limit for TCS under 206C(1F)?

A. The threshold under Section 206C(1F) is Rs. 10,00,000 per individual transaction.

.

Q. Is Section 206C(1F) applicable when the payee is a non-resident?

A. YES, this section also applies when the buyer is non-recipient.

.

Q. Is TCS applicable on GST amount also?

A. YES, TCS u/s 206C(1F) is also applicable on GST amount, TCS is applicable on total amount including gst.

.

.

.

.

.

.

.

.

206C(1F)

SECTION 206C(1F) : TCS ON SALE OF MOTOR VEHICLES

SECTION 206C(1F): TCS ON SALE OF MOTOR VEHICLES

.

1.What do you mean by TCS?

TCS stands for Tax collected at Source. TCS is a kind of tax that is collected by the seller from the buyer on sale of certain type of goods if the amount exceeds a specified limit, so that it can be deposited to the government.

.

TCS is required to be collected at the source if the value of transaction exceeds a specified amount.

.

The purchaser can claim this tax collected by the seller while paying his income tax liability for the year, and if the TCS collected is more than the income tax liability of the assessee then he/ she will be entitled to a refund.

.

The main purpose of introduction of TCS was to reduce the Tax evasion by the person receiving the income.

.

Note: –

Seller– A seller who sells specific goods and is responsible for collection of tax from the purchaser.

.

Purchaser– A purchaser is the person who buys specific goods from seller is responsible for paying TCS amount to seller.

.

2. What is TCS under Section 206C(1F) of Income Tax Act?

Section 206C(1F) of Income Tax Act, 1961 mandates the collection of tax at source (TCS) on sale of motor vehicle.

.

3.When is TCS to be collected under Section 206C(1F)?

TCS requirement arises:

 Debiting the money payable by the buyer to their accounts in books.

Or

 Upon receipt of such money from the buyer in any mode, whichever is earlier.

.

Few examples of date of collection are: –

.

S.no

Date of Payment

Date of debiting the money payable by the buyer

Date of TCS collection

1.

30/04/2024

30/04/2024

30/04/2024

2.

30/04/2024

01/05/2024

30/04/2024

3.

01/05/2024

30/04/2024

30/04/2024

4.

01/05/2026

30/04/2024

30/04/2024

.

.

4.Who is required to collect TCS under Section 206C(1F)?

Any person other than Individuals/ HUFs (Individuals/ HUFs are required to collect TCS if their turnover is more than Rs. 1 crore or gross receipts is more than Rs. 50 lakhs during the previous year) are required to collect TCS under Section 260C(1C) on Sale of Motor Vehicles exceeding Rs. 10 lakhs.

.

NOTE: –

The threshold limit of Rs. 10 lakhs has to be looked at on each individual purchase and not on aggregate purchases made during the year.

.

Example:

Example 1: – Whether TCS @ 1% will be applicable on sales of BMW car to Mr. Sahil for self-consumption amounting to Rs. 118 Lakhs (100 lakhs plus 18% GST)?

.

Yes, TCS will be applicable @1% under Section 206C(1F) as Mr. Sahil is a consumer not a dealer.

.

Example 2: – Guruji motors (Car dealer) sold a Tesla car to Mr. Kunal and the amount was Rs. 212 Lakhs including GST. What will be TCS implications?

.

Guruji motors shall collect TCS @ 1% on amount of Rs. 212 Lakhs since car is sold by a dealer to an individual and not sold to a car dealer.

.

Example 3: BMW ltd sold 20 BMW cars @ 1 crore each plus GST @ 18% to Maruti motors. Explain TCS/TDS implications?

.

TCS @ 1% will not be applicable on this transaction as the transaction is between dealers and not between dealer and consumer, but TDS/ TCS will be applicable on the transaction under Section 194Q/ 206C(1H) subject to the terms & conditions.

.

5.Rate of TCS under Section 206C(1F)?

The TCS rate under this Section is: –

.

Sl no.

Nature of transaction

TCS if pan is available

TCS if pan not available

1.

Sale of motor vehicle exceeding Rs. 10 lakhs

1%

5%

.

6.Exemption under Section 206C(1F)?

No TCS if: –

 The buyer is a public sector company engaged in the business of carrying passengers.
 The buyer is Central government, State government, High commission, Consulate, Trade representation, Local authority.
 If the buyer T/o of the last year more than Rs. 10 crores then buyer is required to deduct TDS u/s 194Q.
 If the T/o of seller during the previous year is less than Rs. 1 Crore.
 If the gross receipts of seller during the previous year is less than Rs. 50 lakhs.
 The sales is made by manufacturer to dealers/ distributors.
7.Time limit for deposit of TCS under Section 206C(1F)?

The due date for deposit of TCS is as below: –

Month

Due Date

April

On or before 7th May.

May

On or before 7th June.

June

On or before 7th July.

July

On or before 7th August.

August

On or before 7th September.

September

On or before 7th October.

October

On or before 7th November.

November

On or before 7th December.

December

On or before 7th January.

January

On or before 7th February.

February

On or before 7th March.

March

On or before 30th April.

.

.

8.What is the due date for filing of TCS return under Section 206C(1F)?

TCS is to be deposited monthly on the dates mentioned above but the return is to be filed quarterly on or before the below mentioned dates: –

Quarter

Period

Due date (TCS filing)

1St quarter

April-June

15TH July.

2nd quarter

July-September

15TH October.

3rd quarter

October- December

15TH January.

4th quarter

January- March

15TH May.

.

.

9.Type of TCS return & form to be issued?

TCS under this section has to filed quarterly through FORM 27EQ and the collector has to issue FORM 27D to the buyer within 15 days of filing of return.

.

10.Fees/ Penalties for Late/ Non- Filing of TCS u/s 206C(1F)?

Following penalties/fees will be levied if there is delay in TCS collection or delay in deposit of TCS or non-filing of quarterly return.

Particulars

Penalty

TCS not collected on time.

1% per month or part of month.

TCS collected but not deposited before due date

1.5% per month or part of month.

TCS return not file on or before due date

200 per day maximum till TCS amount.

.

.

.

FREQUENTLY ASKED QUESTIONS?

.

Q. What is the threshold limit for TCS under 206C(1F)?

A. The threshold under Section 206C(1F) is Rs. 10,00,000 per individual transaction.

.

Q. Is Section 206C(1F) applicable when the payee is a non-resident?

A. YES, this section also applies when the buyer is non-recipient.

.

Q. Is TCS applicable on GST amount also?

A. YES, TCS u/s 206C(1F) is also applicable on GST amount, TCS is applicable on total amount including gst.

.

.

.

.

.

.

.

.

206C(1C0 picture

SECTION 206C(1C) : TCS ON LEASING OR LICENSING OR TRANFERING ANY RIGHT

SECTION 206C(1C): TCS ON LEASING OR LICENSING OR TRANFERING ANY RIGHT

.

1.What do you mean by TCS?

TCS stands for Tax collected at Source. TCS is a kind of tax that is collected by the seller from the buyer on sale of certain type of goods if the amount exceeds a specified limit, so that it can be deposited to the government.

.

TCS is required to be collected at the source if the value of transaction exceeds a specified amount.

.

The purchaser can claim this tax collected by the seller while paying his income tax liability for the year, and if the TCS collected is more than the income tax liability of the assessee then he/ she will be entitled to a refund.

.

The main purpose of introduction of TCS was to reduce the Tax evasion by the person receiving the income.

.

Note: –

Seller– A seller who sells specific goods and is responsible for collection of tax from the purchaser.

.

Purchaser– A purchaser is the person who buys specific goods from seller is responsible for paying TCS amount to seller.

.

2. What is TCS under Section 206C(1C) of Income Tax Act?

Section 206C(1C) of Income Tax Act, 1961 mandates the collection of tax at source (TCS) on leasing or licensing or transferring of any interest for the purpose of business.

.

3.When is TCS to be collected under Section 206C(1C)?

TCS requirement arises:

 Debiting the money payable by the buyer to their accounts in books.

Or

 Upon receipt of such money from the buyer in any mode, whichever is earlier.

.

Few examples of date of collection are: –

.

S.no

Date of Payment

Date of debiting the money payable by the buyer

Date of TCS collection

1.

30/04/2024

30/04/2024

30/04/2024

2.

30/04/2024

01/05/2024

30/04/2024

3.

01/05/2024

30/04/2024

30/04/2024

4.

01/05/2026

30/04/2024

30/04/2024

.

.

4.Who is required to collect TCS under Section 206C(1C)?

Any person other than Individuals/ HUFs (Individuals/ HUFs are required to collect TCS if their turnover is more than Rs. 1 crore or gross receipts is more than Rs. 50 lakhs during the previous year) are required to collect TCS under Section 260C(1C) on leasing, licensing, or transferring any right or interest in: –

 Parking lot.
 Toll Plaza.
 Mine or quarry.

.

Example:

Central government gave license of a parking lot in the CP, Delhi to a Company for Rs. 2 crores in June 2024, and 3 crores in other area to same party in oct 2024. Discuss the TCS requirements?

.

As per Section 206C(1C) Any person other than Individuals/ HUFs (Individuals/ HUFs are required to collect TCS if their turnover is more than Rs. 1 crore or gross receipts is more than Rs. 50 lakhs during the previous year) are required to collect TCS under Section 260C(1C) on leasing, licensing, or transferring any right or interest in: –

 Parking lot.
 Toll Plaza.
 Mine or quarry

.

So central government is required to deduct TCS @ 2% as follows: –

S.NO

DATE

TCS AMOUNT

TCS DEPOSIT DATE

1.

June 2024

4,00,000 (2,00,00,000 * 2%)

07/07/2024

2.

Oct 2024

6,00,000 (3,00,00,000 * 2%)

07/11/2024

.

.

5.Rate of TCS under Section 206C(1C)?

The TCS rate under this Section is: –

.

Sl no.

Nature of transaction

TCS if pan is available

TCS if pan not available

1.

Leasing or licensing or transferring any right or interest in Parking Lot

2%

5%

2.

Leasing or licensing or transferring any right or interest in Toll Plaza

.

2%

.

5%

3.

Leasing or licensing or transferring any right or interest in Mine or querry

.

2%

.

5%

.

6.Exemption under Section 206C(1C)?

No TCS if: –

 The buyer is a public sector company.
 If the buyer T/o of the last year more than Rs. 10 crores then buyer is required to deduct TDS u/s 194Q.
 If the T/o of seller during the previous year is less than Rs. 1 Crore.
 If the gross receipts of seller during the previous year is less than Rs. 50 lakhs.
7.Time limit for deposit of TCS under Section 206C(1C)?

The due date for deposit of TCS is as below: –

Month

Due Date

April

On or before 7th May.

May

On or before 7th June.

June

On or before 7th July.

July

On or before 7th August.

August

On or before 7th September.

September

On or before 7th October.

October

On or before 7th November.

November

On or before 7th December.

December

On or before 7th January.

January

On or before 7th February.

February

On or before 7th March.

March

On or before 30th April.

.

.

8.What is the due date for filing of TCS return under Section 206C(1C)?

TCS is to be deposited monthly on the dates mentioned above but the return is to be filed quarterly on or before the below mentioned dates: –

Quarter

Period

Due date (TCS filing)

1St quarter

April-June

15TH July.

2nd quarter

July-September

15TH October.

3rd quarter

October- December

15TH January.

4th quarter

January- March

15TH May.

.

.

9.Type of TCS return & form to be issued?

TCS under this section has to filed quarterly through FORM 27EQ and the collector has to issue FORM 27D to the buyer within 15 days of filing of return.

.

10.Fees/ Penalties for Late/ Non- Filing of TCS u/s 206C(1C)?

Following penalties/fees will be levied if there is delay in TCS collection or delay in deposit of TCS or non-filing of quarterly return.

Particulars

Penalty

TCS not collected on time.

1% per month or part of month.

TCS collected but not deposited before due date

1.5% per month or part of month.

TCS return not file on or before due date

200 per day maximum till TCS amount.

.

.

.

11.FREQUENTLY ASKED QUESTIONS?

.

Q. What is the threshold limit for TCS under 206C(1C)?

A. NO, there is no threshold under Section 206C(1C).

.

Q. Is Section 206C(1C) applicable when the payee is a non-resident?

A. YES, this section also applies when the buyer is non-recipient.

.

Q. Is TCS applicable on GST amount also?

A. NO, TCS u/s 206C(1C) is not applicable on GST amount, TCS is applicable on net amount after deduction of all taxes.

.

.

.

.

.

.

.

.

TCS

TAX COLLECTION AT SOURCE

Tax Collection At Source

.

1.What do you mean by TCS?

TCS stands for Tax collected at Source. TCS is a kind of tax that is collected by the seller from the buyer on sale of certain type of goods if the amount exceeds a specified limit, so that it can be deposited to the government.

.

TCS is required to be collected at the source if the value of transaction exceeds a specified amount.

.

The purchaser can claim this tax collected by the seller while paying his income tax liability for the year, and if the TCS collected is more than the income tax liability of the assessee then he/ she will be entitled to a refund.

.

The main purpose of introduction of TCS was to reduce the Tax evasion by the person receiving the income.

.

Note: –

SellerA seller who sells specific goods and is responsible for collection of tax from the purchaser.

.

PurchaserA purchaser is the person who buys specific goods from seller is responsible for paying TCS amount to seller.

.

2.When to deduct TCS?

TCS requirement arises:

 Debiting the money payable by the buyer to their accounts in books.

Or

 Upon receipt of such money from the buyer in any mode, whichever is earlier.

          NOTE: – In case of motor vehicle sale, the TCS is to be collected upon receipt of money

3.Types of TCS and different rates?

There are more than 20 sections of TCS below are few examples of commonly used TCS rates: –

.

Type of Goods or transactions

Rate in force (%)

Liquor of alcoholic nature, made for human consumption

.

1%

Timber wood under a forest leased

2.5%

Tendu leaves

5%

Timber woods by any other than forest-leased

.

2.5%

Forest produces other than Tendu leaves & timber

.

2.5%

Scrap

1%

Minerals like lignite, coal and iron ore

1%

Purchase of motor vehicle exceeding Rs. 10,00,000

.

1%

Parking lot, toll plaza and mining and Quarrying

.

2%

Where total turnover is more than Rs. 10 crores in the previous financial year and receives sales consideration of any product of more than Rs. 50 lakhs, such seller must collect TCS upon receiving consideration from the buyer on such amount over and above Rs. 50 lakhs.

(if PAN is not provided TDS rate will be 1%)

.

.

.

.

.

.

.

0.1%

.

Purchase of Foreign currency

Under LRS for education (Loan from financial institution)
Under LRS for education (not financed by financial institute)
Under LRS for medical treatment.
Under LRS for other purpose
Overseas tour program purchase

.

0.5% above Rs. 7,00,000

.

5% above Rs. 7,00,000

.

5% above Rs. 7,00,000

20% above Rs. 7,00,000

5% for amount upto Rs. 7,00,000 and 20% on amount above Rs. 7,00,000.

            All TCS rates are fixed rates i.e. 0.1%, 2.5%, 5% etc. but if payment is made to Non-Resident/ Foreign Company or payment of salary the surcharge & HEC (Health & Education Cess) shall be considered.

.

4.Due dates to deposit TCS?

The due date to deposit TCS is as Follows: –

Month

Due Date

April

On or before 7th May.

May

On or before 7th June.

June

On or before 7th July.

July

On or before 7th August.

August

On or before 7th September.

September

On or before 7th October.

October

On or before 7th November.

November

On or before 7th December.

December

On or before 7th January.

January

On or before 7th February.

February

On or before 7th March.

March

On or before 30th April.

.

.

5.What are the due dates of filing of TCS returns?

TCS is to be deposited monthly on the dates mentioned above but the return is to be filed quarterly on or before the below mentioned dates; –

Quarter

Period

Due date (TCS filing)

1St quarter

April-June

15th July.

2nd quarter

July-September

15th October.

3rd quarter

October- December

15th January.

4th quarter

January- March

15th May.

6.What happens if TCS is not deducted or deducted but not deposited on or before due date?

Following penalties will be levied if there is delay in TCS deduction or delay in deposit of TCS.

Particulars

Penalty

TCS not deducted on time.

1% per month or part of month.

TCS deducted but not deposited before due date

1.5% per month or part of month.

TCS return not file on or before due date

200 per day maximum till TCS amount.

.

.

7.Different types of TCS returns?

Following are the TCS returns that are used for different purposes.

Form

Used for

27EQ

All types of TCS payments.

8.When will higher TCS rate apply?

If the purchaser falls under the below mentioned condition, then TCS rate will be: –

 Two times the TCS rate mentioned in the Income Tax, or
 5% Whichever is higher.

      

      In special cases under Section 206C(1G), 5% TCS applies where the authorized dealer arranges remittance out of INDIA of Rs. 7,00,000 or more in a financial year from a buyer of foreign currency remitting under LRS, not being the overseas tour program package. If Aadhar or PAN is unavailable, the TCS rate will be 10%.

.

As per Section 206CCA, tax at a higher rate (other than rates mentioned above in table) will be collected from the buyer if such buyer has-

 Not filed ITR for the last two financial years before the Financial Year in which TCS had to be collected.
  The time limit to file ITR has expired.
 The total of TCS and TDS was more than Rs. 50,000 in each of the two Financial Year.

.

9.TCS Exemptions?

Tax collection at source is exempted in the following cases: –

 When the eligible goods are used for personal consumption.
 The purchaser buys the goods for manufacturing, processing or production and not for the purpose of trading of those goods.

.

.

194S

SECTION 194S : TDS ON Virtual Digital Assets

SECTION 194S: TDS ON VDA

.

1.What do you mean by TDS?

TDS stands for Tax Deducted at Source. TDS is a kind of tax that is deducted by the payer before making certain payments like Salary, Rent, Commission, Interest, Royalty, Professional Fees etc. to the payee.

.

TDS is required to be deducted at the source if the money to be paid and the money already paid exceeds a specified amount.

.

The Payee can claim this tax deducted by the payer while paying his income tax liability for the year, and if the TDS deducted is more than the income tax liability of the assessee then he/ she will be entitled to a refund.

.

The main purpose of introduction of TDS was to reduce the Tax evasion by the person receiving the income.

.

Note: –

Payer- A payer is a person or organization who is responsible for deducting TDS before paying the amount to Payee.

.

Payee- A Payee is a person or organization who receives the payment from the payee after the TDS deduction.

.

2. What is TDS under Section 194S of Income Tax Act?

Section 194S of Income Tax Act, 1961 mandates the deduction of tax at source (TDS) on payments made for the transfer of virtual digital assets, including cryptocurrencies.

3.What is a Virtual Digital Asset?

Virtual Digital Assets means: –

 Any information or code or number or token (not being Indian currency or foreign currency), generated through cryptographic means or otherwise and can be transferred, stored, or traded electronically.
 A non-fungible token (NFT) or any other token of similar nature
 Any other digital asset as the Central Government may notify.

.

4.When is TDS to be deducted under Section 194S?

TDS is required to be deducted: –

 At the time of payment.

Or

 At the time of crediting the account of payee, whichever is earlier.

Few examples of date of deduction are: –

.

S.no

Date of Payment

Date of crediting the party in books of accounts

Date of TDS deduction

1.

30/04/2024

30/04/2024

30/04/2024

2.

30/04/2024

01/05/2024

30/04/2024

3.

01/05/2024

30/04/2024

30/04/2024

4.

01/05/2026

30/04/2024

30/04/2024

.

.

5.Who is required to deducts TDS under Section 194S?

When specified person’s payment for transfer (purchase) of virtual digital assets (VDA) exceeds Rs. 50,000 during the Financial Year or Rs 10,000 in any other situation then TDS under Section 194S of Income Tax Act becomes applicable.

.

Example:

Mr. Chaman has sold his Bitcoin worth Rs. 2 lakhs through coindcx to Mr. Narayan. Discuss the TDS implications?

.

Section 194S of the Income Tax Act, states that TDS liability arises under this section when the transfer value increases Rs. 50,000 in a Financial Year in case of specified person or Rs 10,000 in case of others.

.

If the exchange is done through an exchange, then TDS liability arises on the exchange itself rather than the person who buys the cryptocurrency.

.

In the give case since the transaction is done through coindcx exchange so coindcx is liable to deduct TDS @ 1% i.e. Rs. 2,000 (2,00,000*1%).

.

.

6.Rate of TDS under Section 194S?

The TDS rate under this Section is: –

Sl no.

Nature of payment

TDS if pan is available

TDS if pan not available

1.

Amount paid of virtual digital assets

.

1%

.

20%

.

.

Note:

The provision of this Section i.e. 194S is applicable from 01/07/2022.

.

7.Exemption under Section 194S?

No TDS if: –

 Payment is upto Rs. 50,000 in a Financial Year in case of specified persons.
 Payment is upto Rs. 10,000 in a Financial Year in case of other than specified persons.

.

8.Who is a specified person?

A Specified person means: –

 Individuals or HUFs who do not have any income from business or profession.
 Individuals or HUFs having turnover upto Rs. 1crore.
 Individuals or HUFs having gross receipts upto Rs. 50 Lakhs.

.

9.Transfer of Virtual Digital Asset (VDA) through exchange?

Transfer of VDA (in cash)

If the transfer of VDA takes place on or through exchange (who does not own VDA), then the exchange shall deduct TDS @ 1% and remit the remaining amount.

In the case the exchange would be required to furnish a quarterly report in form 26QF on or before due date.

Transfer of VDA (in kind) (one VDA sold for another VDA)

Unlike the above cases, the payments could be in kind. In such cases, the exchange may deduct TDS on both legs of transaction through following method: –

 The exchange shall maintain records for every VDA-to-VDA trade.
 The exchange shall convert this tax withheld in kind into one of the primary VDA that can be easily converted into INR.
 All the TDS in the form of primary VDA will be accumulated for the day. Time limit will be from 00:00 hours to 23:59 hours. VDA accumulated by the exchange shall be verifiable from the trail of orders for VDA- to-VDA trades executed during the day.
 The accumulated balance of primary VDAs at 00:00 hours will be converted into INR based on market rates existing at that time.
 The exchange needs to email the customer a contract note that includes TDS on VDA withheld in kind and its INR value upon conversion.

 

10.Time limit for deposit of TDS under Section 194S?

The due date for deposit of TDS is as below: –

Month

Due Date

April

On or before 7th May.

May

On or before 7th June.

June

On or before 7th July.

July

On or before 7th August.

August

On or before 7th September.

September

On or before 7th October.

October

On or before 7th November.

November

On or before 7th December.

December

On or before 7th January.

January

On or before 7th February.

February

On or before 7th March.

March

On or before 30th April.

.

.

11.What is the due date for filing of TDS return under Section 194S?

TDS is to be deposited monthly on the dates mentioned above but the return is to be filed quarterly on or before the below mentioned dates: –

Quarter

Period

Due date (TDS filing)

1St quarter

April-June

31st July.

2nd quarter

July-September

31st October.

3rd quarter

October- December

31st January.

4th quarter

January- March

31st May.

.

.

12.Type of TDS return & form to be issued?

TDS under this section has to filed quarterly through FORM 26QF/26QE and the deductor has to issue FORM 16A to the employee after filing of return.

.

13.Fees/ Penalties for Late/ Non- Filing of TDS u/s 194S?

Following penalties/fees will be levied if there is delay in TDS deduction or delay in deposit of TDS or non-filing of quarterly return.

Particulars

Penalty

TDS not deducted on time.

1% per month or part of month.

TDS deducted but not deposited before due date

1.5% per month or part of month.

TDS return not file on or before due date

200 per day maximum till TDS amount.

.

.

.

14.FREQUENTLY ASKED QUESTIONS?

.

Q. What is the threshold limit for TDS under 194S?

A. The threshold limit for TDS under 194S is Rs. 50,000 in case of specified person and Rs. 10,000 in case of others.

.

Q. Is Section 194S applicable when the payee is a non-resident?

A. YES, this section also applies when the transferor of VDA is non-recipient.

.

Q. From which date TDS is applicable in accordance with the provision of Section 194S?

A. From 01/07/2022, the provision of Section 194S will be applicable.

.

Q. Are specified persons required to obtain TAN?

A. NO specified persons are not required to obtain TAN they can use their PAN to deposit TDS by filing for 26QE.

.

FEW IMPORTANT POINTS

1.TDS applicable on consideration excluding GST & Commission.
2.In transaction payment made using payment gateway the payment gateway not required to deduct TDS u/s 194S.
3.Section 194Q not applicable when TDS deducted u/s 194S.
4.If the transaction took place outside of the exchange then buyer required to deduct TDS of seller.

.

.

.

.

.

.

.

194T Picture

SECTION 194T : TDS ON PAYMENTS BY FIRM TO PARTNERS

SECTION 194T: TDS ON PAYMENTS BY FIRM TO PARTNERS

.

1.What do you mean by TDS?

TDS stands for Tax Deducted at Source. TDS is a kind of tax that is deducted by the payer before making certain payments like Salary, Rent, Commission, Interest, Royalty, Professional Fees etc. to the payee.

.

TDS is required to be deducted at the source if the money to be paid and the money already paid exceeds a specified amount.

.

The Payee can claim this tax deducted by the payer while paying his income tax liability for the year, and if the TDS deducted is more than the income tax liability of the assessee then he/ she will be entitled to a refund.

.

The main purpose of introduction of TDS was to reduce the Tax evasion by the person receiving the income.

.

Note: –

Payer- A payer is a person or organization who is responsible for deducting TDS before paying the amount to Payee.

.

Payee- A Payee is a person or organization who receives the payment from the payee after the TDS deduction.

.

2. What is TDS under Section 194T of Income Tax Act?

Section 194T of Income Tax Act, 1961 mandates that TDS to be deducted while paying to partners of the firm( it includes Partnership firms as well as LLP) any sum which is the nature of interest, bonus, commission or remuneration.

.

3.When is TDS to be deducted under Section 194T?

TDS is required to be deducted: –

 At the time of payment.

Or

 At the time of crediting the account of payee, whichever is earlier.

.

Few examples of date of deduction are: –

S.no

Date of Payment

Date of crediting the party in books of accounts

Date of TDS deduction

1.

30/04/2024

30/04/2024

30/04/2024

2.

30/04/2024

01/05/2024

30/04/2024

3.

01/05/2024

30/04/2024

30/04/2024

4.

01/05/2026

30/04/2024

30/04/2024

.

.


.

4.Who is required to deducts TDS under Section 194T?

Any firm paying to its partners any sum which is the nature of remuneration, commission, bonus or interest, and the sum paid or payable during the financial year exceeds Rs. 20,000.

Example:

Mr. Anand a designated partner in ABC LLP received Rs. 50,000 as interest on capital balance and withdrew Rs. 2,00,000 from its capital account during the Financial Year 2025-26. What will the TDS implications on ABC LLP?

As per the provision of Section 194T, firm are liable to deduct TDS @ 10% when amount which is in the nature of interest, bonus, remuneration, commission is paid to any partner of the firm provided the amount paid or payable is more than Rs. 20,000 in a Financial Year. The firm includes Partnership firms as well as LLP.

In the case give above ABC LLP is required to deduct TDS @ 10% of Rs. 50,000 (interest payment) because the provision of Section 194T does not applies while making repayment of capital. So total TDS to be deducted is Rs. 5,000 (50,000*10%).

5.What are the payments covered in Section 194T?

Payment made to partner that are covered under Section 194T are as follows: –

 Salary.
 Remuneration.
 Commission.
 Bonus.
 Interest on any account (whether on loan account or on capital balance).

.

6.Rate of TDS under Section 194T?

The TDS rate under this Section is: –

Sl no.

Nature of payment

TDS if pan is available

TDS if pan not available

1.

Amount paid by firm to its partners in the nature of interest, commission, remuneration or bonus

 

10%

 

20%

Note:

The provision of this Section i.e. 194T is applicable from 01/04/2025.

.

7.Exemption under Section 194T?

No TDS if: –

 Payment is upto Rs. 20,000 in a financial year.
 Payment in the nature of withdrawal of balance from capital account.
8.Time limit for deposit of TDS under Section 194T?

The due date for deposit of TDS is as below: –

Month

Due Date

April

On or before 7th May.

May

On or before 7th June.

June

On or before 7th July.

July

On or before 7th August.

August

On or before 7th September.

September

On or before 7th October.

October

On or before 7th November.

November

On or before 7th December.

December

On or before 7th January.

January

On or before 7th February.

February

On or before 7th March.

March

On or before 30th April.

.

.

9.What is the due date for filing of TDS return under Section 194T?

TDS is to be deposited monthly on the dates mentioned above but the return is to be filed quarterly on or before the below mentioned dates: –

Quarter

Period

Due date (TDS filing)

1St quarter

April-June

31st July.

2nd quarter

July-September

31st October.

3rd quarter

October- December

31st January.

4th quarter

January- March

31st May.

.

.

10.Type of TDS return & form to be issued?

TDS under this section has to filed quarterly through FORM 26Q and the deductor has to issue FORM 16A to the employee after filing of return.

.

11.Fees/ Penalties for Late/ Non- Filing of TDS u/s 194T?

Following penalties/fees will be levied if there is delay in TDS deduction or delay in deposit of TDS or non-filing of quarterly return.

Particulars

Penalty

TDS not deducted on time.

1% per month or part of month.

TDS deducted but not deposited before due date

1.5% per month or part of month.

TDS return not file on or before due date

200 per day maximum till TDS amount.

.

.

.

12.FREQUENTLY ASKED QUESTIONS?

.

Q. What is the threshold limit for TDS under 194T?

A. The threshold limit for TDS under 194T is Rs. 20,000.

.

Q. Is Section 194T applicable when the payee is a non-resident?

A. YES, this section also applies when the payee is non-recipient.

.

Q. Is TDS applicable on repayment of Capital Balance?

A. NO, TDS u/s 194T is not applicable on repayment of Capital Balance.

.

Q. From which date TDS is applicable in accordance with the provision of Section 194T?

A. From 01/04/2025, the provision of Section 194T will be applicable.

.

Q. Rate in case the partner is a non-resident?

A. In case the partner is a non-resident, then the TDS rate will be 10% plus the applicable surcharge plus 4% health and education cess.

White Dark Purple And Orange Modern Customer-Centric Strategies Presentation

SECTION 194LA : COMPENSATION ON COMPULSORY ACQUISITION

SECTION 194LA: COMPENSATION ON COMPULSORY ACQUISITION

.

1.What do you mean by TDS?

TDS stands for Tax Deducted at Source. TDS is a kind of tax that is deducted by the payer before making certain payments like Salary, Rent, Commission, Interest, Royalty, Professional Fees etc. to the payee.

.

TDS is required to be deducted at the source if the money to be paid and the money already paid exceeds a specified amount.

.

The Payee can claim this tax deducted by the payer while paying his income tax liability for the year, and if the TDS deducted is more than the income tax liability of the assessee then he/ she will be entitled to a refund.

.

The main purpose of introduction of TDS was to reduce the Tax evasion by the person receiving the income.

.

Note: –

Payer- A payer is a person or organization who is responsible for deducting TDS before paying the amount to Payee.

.

Payee- A Payee is a person or organization who receives the payment from the payee after the TDS deduction.

.

2. What is TDS under Section 194LA of Income Tax Act?

Section 194LA of Income Tax Act, 1961 mandates that TDS to be deducted while paying compensation related to compulsory acquisition of immoveable property.

.

3.When is TDS to be deducted under Section 194LA?

Normally the TDS is to be deducted at the time of payment or at the time of crediting the party in the books of accounts but in case of TDS u/s 194LA the TDS must be deducted at the time of payment only.

Few examples of date of deduction are: –

S.no

Date of Payment to employee

Date of crediting the party in books of accounts

Date of TDS deduction

1.

30/04/2024

30/04/2024

30/04/2024

2.

30/04/2024

01/05/2024

30/04/2024

3.

01/05/2024

30/04/2024

01/05/2024

4.

01/05/2026

30/04/2024

01/05/2026


.

4.Who is required to deducts TDS under Section 194LA?

Any person paying to a resident payee any amount related to compensation on compulsory acquisition of Immoveable Property when the compensation exceeds Rs. 2,50,000 in a Financial Year.

.

NOTE: –

This section i.e. TDS on payments related to compensation of compulsory acquisition of Immoveable Property is not applicable when the payee is non- resident.

.

Example:

Q. Mr. Debendra had a property in the Delhi region due to the construction of metro in the region government acquired his property and paid him Rs. 1 crore as a compensation. Discuss the TDS implications?

A. As per Section 194LA the payer is required to deduct TDS for compensation paid for compulsory acquisition of immovable property.

.

In the give case government paid Rs. 2 crores as compensation to Mr. Dev for acquisition of his property and since the amount is greater than Rs. 2,50,000 they are liable to deduct TDS u/s 194N @ 10%.

.

5.Rate of TDS under Section 194LA?

The TDS rate under this Section is: –

Sl no.

Nature of payment

TDS if pan is available

TDS if pan not available

1.

Payment for compulsory acquisition of immoveable property

 

10%

 

20%

.

6.Exemption under Section 194LA?

No TDS if: –

 Payment is upto Rs. 2,50,000 in a Financial Year.
 Payment is made to non-resident.
 The payer has obtained a lower or no deduction certificate.
 The immoveable property is an “Urban or Rural Agricultural Land” in India.

.

7.What do you mean by Rural Agriculture Land?

A rural agricultural land is considered rural if:

 If located in any region under municipal control with a population fewer than 10,000 or,
 If located beyond the municipality’s boundaries, then at a distance measured –
Greater than 2km from the municipality’s local boundaries and with a population of at least 10,000 but not more than one lakh people.
Greater than 6km from the municipality’s local boundaries and with a population of more than 1,00,000 but not more than one million people.
Is located more than 8Km outside the municipality’s border and is home to more than 10,00,000 people.

.

8.Time limit for deposit of TDS under Section 194LA?

The due date for deposit of TDS is as below: –

Month

Due Date

April

On or before 7th May.

May

On or before 7th June.

June

On or before 7th July.

July

On or before 7th August.

August

On or before 7th September.

September

On or before 7th October.

October

On or before 7th November.

November

On or before 7th December.

December

On or before 7th January.

January

On or before 7th February.

February

On or before 7th March.

March

On or before 30th April.

.

9.What is the due date for filing of TDS return under Section 194LA?

TDS is to be deposited monthly on the dates mentioned above but the return is to be filed quarterly on or before the below mentioned dates: –

Quarter

Period

Due date (TDS filing)

1St quarter

April-June

31st July.

2nd quarter

July-September

31st October.

3rd quarter

October- December

31st January.

4th quarter

January- March

31st May.

.

.

10.Type of TDS return & form to be issued?

TDS under this section has to filed quarterly through FORM 26Q and the deductor has to issue FORM 16A to the employee after filing of return.

.

11.Fees/ Penalties for Late/ Non- Filing of TDS u/s 194LA?

Following penalties/fees will be levied if there is delay in TDS deduction or delay in deposit of TDS or non-filing of quarterly return.

Particulars

Penalty

TDS not deducted on time.

1% per month or part of month.

TDS deducted but not deposited before due date

1.5% per month or part of month.

TDS return not file on or before due date

200 per day maximum till TDS amount.

.

.

.

12.FREQUENTLY ASKED QUESTIONS?

.

Q. What is the threshold limit for TDS under 194LA?

A. The threshold limit for TDS under 194LA is Rs. 2,50,000.

Q. Is Section 194LA applicable when the payee is a non-resident?

A. NO, this section does not apply when the payee is non-recipient.

Q. What do you mean by agriculture Land?

A. Immoveable property means any land (other than agricultural land) or any building or part of building.

Q. When is TDS to be deducted u/s 194LA?

A. TDS is to be deducted at the time of payment only.

.

www.canayansaluja.com (1)

SECTION 194R : TDS ON BENEFITS OR PERQUISITE

SECTION 194R OF INCOME TAX: PURPOSE & APPLICABILITY

.

1.What do you mean by TDS?

TDS stands for Tax Deducted at Source. TDS is a kind of tax that is deducted by the payer before making certain payments like Salary, Rent, Commission, Interest, Royalty, Professional Fees etc. to the payee.

.

TDS is required to be deducted at the source if the money to be paid and the money already paid exceeds a specified amount.

.

The Payee can claim this tax deducted by the payer while paying his income tax liability for the year, and if the TDS deducted is more than the income tax liability of the assessee then he/ she will be entitled to a refund.

.

The main purpose of introduction of TDS was to reduce the Tax evasion by the person receiving the income.

.

Note: –

Payer- A payer is a person or organization who is responsible for deducting TDS before paying the amount to Payee.

.

Payee- A Payee is a person or organization who receives the payment from the payee after the TDS deduction.

.

2. What is TDS under Section 194R of Income Tax Act?

Section 194R of Income Tax Act, 1961 mandates that TDS to be deducted when a business gives its distributors or channel partners any such perquisite or incentives whether in cash or in kind or partly in cash and partly in kind.

.

3.When is TDS to be deducted under Section 194R?

TDS is required to be deducted: –

 At the time of payment.

Or

 At the time of crediting the account of payee, whichever is earlier.

.

Few examples of date of deduction are: –

S.no

Date of Payment

Date of crediting the party in books of accounts

Date of TDS deduction

1.

30/04/2024

30/04/2024

30/04/2024

2.

30/04/2024

01/05/2024

30/04/2024

3.

01/05/2024

30/04/2024

30/04/2024

4.

01/05/2026

30/04/2024

30/04/2024


.

4.Who is required to deducts TDS under Section 194R?

Any person other than Individuals and HUF (Individuals and HUF required to deduct TDS, if last year turnover is more than Rs. 1 crore in case of business or gross receipts more than Rs. 50 lakhs in case of profession.) are required to deduct TDS while making payments of which in the nature of perquisite or incentives whether in cash or in kind or partly in cash and partly in kind.

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NOTE: –

This section i.e. TDS on payments r which in the nature of perquisite or incentives whether in cash or in kind or partly in cash and partly in kind is not applicable while making such payments to non-resident.

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Example:

Q. Mr. Kunal an authorized seller of Tata products sold products worth Rs. 5 crores of Tata. As a token of appreciation Tata products gave Mr. Kunal a paid trip to Thailand, the market value of such trip is Rs. 2 lakhs. Discuss the TDS implications?

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As per Section 194R when a business gives its distributors or channel partners any such perquisite or incentives whether in cash or in kind or partly in cash and partly in kind where value of such thing is more than 20,000 in the Financial Year then the provider of such benefits is required to deduct TDS @ 10%.

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In the give case Tata products provided a fully paid trip to Mr. Kunal where value of such benefit is 2 lakhs so the tata products has to deduct TDS @ 10 on such value.

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5.Rate of TDS under Section 194R?

The TDS rate under this Section is: –

Sl no.

Nature of payment

TDS if pan is available

TDS if pan not available

1.

Payment in nature of perquisite or incentives

.

10%

.

20%

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6.Exemption under Section 194R?

No TDS if: –

 The Benefits during the Financial Year does not exceed Rs. 20,000.
 Employes receive benefits from their employers on which TDS is deductible u/s 192.
 There is no business relationship.
 The recipient is a non-resident.
 The Individuals/ HUF has T/o from business less than Rs. 1 Crore or gross receipts from profession less than Rs. 50 Lakhs.

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7.Time limit for deposit of TDS under Section 194R?

The due date for deposit of TDS is as below: –

Month

Due Date

April

On or before 7th May.

May

On or before 7th June.

June

On or before 7th July.

July

On or before 7th August.

August

On or before 7th September.

September

On or before 7th October.

October

On or before 7th November.

November

On or before 7th December.

December

On or before 7th January.

January

On or before 7th February.

February

On or before 7th March.

March

On or before 30th April.

.

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8.What is the due date for filing of TDS return under Section 194R?

TDS is to be deposited monthly on the dates mentioned above but the return is to be filed quarterly on or before the below mentioned dates: –

Quarter

Period

Due date (TDS filing)

1St quarter

April-June

31st July.

2nd quarter

July-September

31st October.

3rd quarter

October- December

31st January.

4th quarter

January- March

31st May.

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9.Type of TDS return & form to be issued?

TDS under this section has to filed quarterly through FORM 26Q and the deductor has to issue FORM 16A to the employee after filing of return.

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10.Fees/ Penalties for Late/ Non- Filing of TDS u/s 194R?

Following penalties/fees will be levied if there is delay in TDS deduction or delay in deposit of TDS or non-filing of quarterly return.

Particulars

Penalty

TDS not deducted on time.

1% per month or part of month.

TDS deducted but not deposited before due date

1.5% per month or part of month.

TDS return not file on or before due date

200 per day maximum till TDS amount.

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10.FREQUENTLY ASKED QUESTIONS?

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Q. What is the threshold limit for TDS under 194R?

A. The threshold limit for TDS under 194R is Rs. 20,000.

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Q. Is Section 194R applicable when the recipient is a non-resident?

A. NO, this section does not apply when the recipient is non-recipient.

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Q. If the benefits give is non-monetary, then how to calculate price for TDS?

A. The price of a non-monetary benefit or perquisite should be calculated based on the fair market value or the purchase price of such products.

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Q. Will discounts, cash discounts and rebates be considered as benefits or perquisites?

A. NO, they will not be considered as benefits or perquisites, they will be reduced from sales price.

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Q. Who is required to deduct TDS u/s 194R?

A. The provider of benefits or perquisites provided to a resident in respect of business or profession is required to deduct TDS.

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SECTION 194Q : TDS ON PURCHASE OF GOODS

TDS U/S 194Q: TDS ON PURCHASE OF GOODS

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1.What do you mean by TDS?

TDS stands for Tax Deducted at Source. TDS is a kind of tax that is deducted by the payer before making certain payments like Salary, Rent, Commission, Interest, Royalty, Professional Fees etc. to the payee.

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TDS is required to be deducted at the source if the money to be paid and the money already paid exceeds a specified amount.

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The Payee can claim this tax deducted by the payer while paying his income tax liability for the year, and if the TDS deducted is more than the income tax liability of the assessee then he/ she will be entitled to a refund.

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The main purpose of introduction of TDS was to reduce the Tax evasion by the person receiving the income.

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Note: –

Payer- A payer is a person or organization who is responsible for deducting TDS before paying the amount to Payee.

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Payee- A Payee is a person or organization who receives the payment from the payee after the TDS deduction.

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2. What is TDS under Section 194Q of Income Tax Act?

Section 194Q of Income Tax Act, 1961 mandates that TDS to be deducted by purchaser of goods while making the payments to the payer.

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3.When is TDS to be deducted under Section 194Q?

TDS is required to be deducted: –

 At the time of payment.

Or

 At the time of crediting the account of payee, whichever is earlier.

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Few examples of date of deduction are: –

S.no

Date of Payment

Date of crediting the party in books of accounts

Date of TDS deduction

1.

30/04/2024

30/04/2024

30/04/2024

2.

30/04/2024

01/05/2024

30/04/2024

3.

01/05/2024

30/04/2024

30/04/2024

4.

01/05/2026

30/04/2024

30/04/2024

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4.Who is required to deducts TDS under Section 194Q?

The Section applies to a buyer in the following cases: –

 A buyer whose turnover or gross receipts in the immediately preceding financial year was more than Rs. 10 Crores and
 A buyer is responsible for making payment of a sum to resident seller and
 Such deduction is to be done for purchase of goods of the value/ aggregate of value exceeding Rs. 50 lakhs

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NOTE: –

This section i.e. TDS u/s 194Q is not applicable when seller is non- resident.

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Example: –

Aryan Ltd a domestic company has a turnover of Rs. 12 crores during the financial year 2023-24, purchased goods worth Rs. 85 lakhs from M/s Varun & Co. a resident firm. The details of payments are as follows: –

On 28/05/2024- 30 lakhs, 28/06/2024- 25 lakhs, 10/12/2024- 20 lakhs, 20/02/2025- 10 lakhs. What are the TDS implications?

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Since the turnover of Aryan Ltd. during the Previous year exceeds Rs. 10 crores and during the current year purchases from M/s Varun & Co. exceeds Rs. 50 lakhs, Aryan Ltd is liable to deduct TDS u/s 194Q.

Applicability of TDS on purchase from M/s Varun & Co.

25.05.2024

Rs. 30 Lakhs

Not required to deduct TDS

28.06.2024

Rs. 25 Lakhs

Aggregate Value of purchase exceeds Rs. 50 lakhs. Therefor TDS will be applicable as follows: –

TDS= Rs. 500 (0.1% * 5 lakhs) (30+25-50= 5 Lakhs).

10.12.2024

Rs. 20 Lakhs

TDS= Rs. 2,000 (20 lakhs*0.1%)

20.02.2024

Rs. 10 Lakhs

TDS = Rs 1,000 (10 lakhs * 0.1%).

 

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5.Rate of TDS under Section 194Q?

The TDS rate under this Section is: –

Sl no.

Particular

TDS- If PAN is available

TDS – If PAN is not available

1.

Resident Seller

.

0.1%

.

5%

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6.Exemption under Section 194Q?

No TDS if: –

 The purchase amount is less than Rs. 50 lakhs during the current financial year.
 TDS is deductible under any other section.
 TCS is collectible u/s 206C (other than Section 206C(1H)).
 If Turnover during the immediately preceding financial year is less than Rs. 10 crores or when it is their first year of incorporation.

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7.Time limit for deposit of TDS under Section 194Q?

The due date for deposit of TDS is as below: –

Month

Due Date

April

On or before 7th May.

May

On or before 7th June.

June

On or before 7th July.

July

On or before 7th August.

August

On or before 7th September.

September

On or before 7th October.

October

On or before 7th November.

November

On or before 7th December.

December

On or before 7th January.

January

On or before 7th February.

February

On or before 7th March.

March

On or before 30th April.

.

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8.What is the due date for filing of TDS return under Section 194Q?

TDS is to be deposited monthly on the dates mentioned above but the return is to be filed quarterly on or before the below mentioned dates: –

Quarter

Period

Due date (TDS filing)

1St quarter

April-June

31st July.

2nd quarter

July-September

31st October.

3rd quarter

October- December

31st January.

4th quarter

January- March

31st May.

.

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9.Type of TDS return & form to be issued?

TDS under this section has to filed quarterly through FORM 26Q and the deductor has to issue FORM 16A to the employee after filing of return.

.

10.Fees/ Penalties for Late/ Non- Filing of TDS u/s 194Q?

Following penalties/fees will be levied if there is delay in TDS deduction or delay in deposit of TDS or non-filing of quarterly return.

Particulars

Penalty

TDS not deducted on time.

1% per month or part of month.

TDS deducted but not deposited before due date

1.5% per month or part of month.

TDS return not file on or before due date

200 per day maximum till TDS amount.

.

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FREQUENTLY ASKED QUESTIONS?

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Q. Is there any threshold under Section 194Q?

A. The threshold under this section is Rs 50 lakhs i.e. if the purchase increases Rs. 50 lakhs then only TDS applies only to the amount above Rs. 50 lakhs.

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Q. Is 194Q applies to non-residents?

A. NO, Section 194Q does not apply if seller is a non – resident, but in case the non- resident seller has a PE in India and purchases are related to that PE, then 194Q will apply.

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Q. Does amount on which TDS u/s 194Q is deducted also includes indirect expenses?

A. NO, indirect taxes like gst has to be deducted for deducting amount under Section 194Q.

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Q. Does this section 194Q also includes transactions carried through various exchanges?

A. NO , transaction in securities and commodities market which are traded through recognized stock exchanges or cleared or settled by recognized clearing corporation including recognized stock exchanges or RCC located in IFSC or transaction in electricity, renewable energy certificates and energy saving certificates traded through power exchanges.

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FEW IMPORTANT POINTS

1.In case of a transaction to which both Section 206(1H) and 194Q applies the TDS has to be deducted under Section 194Q.
2.In case of a transaction to which both Section 194O and 194Q applies the TDS has to be deducted under Section 194O.
3.If the seller whole income is exempt under Income Tax Act (like 10(23A), 10(44)), the TDS u/s 194Q not applicable.
4.While checking last year turnover of buyer it should include only business turnover or gross receipts and it should be more than Rs. 10 crores, non-business turnover not to be counted.

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