TCS u/s 206C (1H) - New inclusions in the applicability of TCS

Introduction to TCS (Tax collection at source)

Tax Collected at Source (TCS) is the tax payable by a seller which he charges on to the from the purchaser at the time of sale and is payable into the Government Treasury on receipt of money from the purchaser.

The rate of TCS is diverse for goods indicated under various classifications. Section 206C of the Income Tax Act indicates the categories of goods on which the vender needs to gather tax from the buyers. TCS provision under the Income Tax Act are like indirect taxes. Like a roundabout assessment, TCS is referenced on the receipt, gathered from the purchaser, and is payable to the Government account by the seller just on the assortment of money due on the bill.

The idea of TCS isn't new in the Income Tax Act. The equivalent has just been demanded till now on determined products like Timber, Tendu leaves, woodland produces, scrap, minerals like iron metal, and so on

Yet, for FY 2020-21, there have been some new considerations in the pertinence of TCS. Let us presently talk about the arrangements of section 206C (1H) which is right now pertinent and applies all around to all goods subject to determined conditions.

Subsection 1H has been embedded in Section 206C by the Finance Act, 2020 for assortment of TCS by the vender on the offer of ANY GOODS. This implies it isn't pertinent to any predefined products however to all merchandise. In spite of the fact that the assortment of TCS at a bargain of specific merchandise is as of now secured under various subsections of Section 206C, nonetheless, all the leftover products, which are not all that secured under different arrangements of section 206C, has now been brought under the ambit of TCS by embeddings subsection 1H in Section 206C.

Compelling from 01.10.2020, subsection (1H) imposes the responsibility of collection of TCS on every person whose total sales, gross receipts, or turnover during the preceding financial year (i.e Fin Year 2019-20) is more than Rs.10 Cr. Such an individual is subject to gather TCS @ 0.1% on the sum surpassing Rs.50L during the financial year in regard of the offer of products made to a purchaser.

Notwithstanding, in Non-PAN/Aadhaar cases the TCS rate will be 1% as against 0.1% referenced previously. (Kindly note that TCS Rate is been diminished to 0.075% for the period from 01.10.2020 to 31.03.2021 because of the COVID-19 pandemic).

It is important to note that for calculating the threshold of Rs.10 Crore, the total turnover including gross receipts (services) and sales is to be taken into consideration whereas for computing the threshold of Rs.50 Lakhs, only sale of goods is to be considered.

Non Applicability of section 206C (1H) in the following cases:

1. If goods are exported from India to any country outside India. (So exports are not covered).
2. If the buyer is liable to deduct TDS under Income Tax Act. This is applicable only in specified cases which will be covered separately. (Sale of Services is not covered).
3. If the goods sold are already covered under subsections (1), (1C), (1F), and (1G)* of section 206C (already covered by existing TCS provisions)

Time of Collection of TCS:

The law visualizes that the merchant will gather from the purchaser a total equivalents to 0.1%/0.075% for the period from 01.10.2020 to 31.03.2021 of the business thought at the time of receipt of such sum. That means the liability to collect TCS will arise even in case of advance payment received though the goods will be physically delivered at a later date,

Section 206C(1H) envisages that TCS at the rate of 0.10%/0.075% for the period from 01.10.2020 to 31.03.2021 of the sale consideration in excess of ₹ 50 Lakhs shall be collected by the seller. As such, TCS shall be collected on Total Sale Value less ₹ 50 lakh.

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

• Central Government, State Government, an embassy, a High Commission, legislation, 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
• Any other person as Central Government may, by notification in the official gazette, specify for this purpose, subject to such conditions as may be specified therein.

Getting ready for compliance:

1. Firstly, the seller shall check whether the provisions are applicable to it. For this, the key is the sales /gross receipts/turnover of the immediately preceding financial year (i.e. sales of FY 2019-20 to be checked for applicability in FY 2020-21).
2. To identify the customers from whom receipts for consideration for the sale of goods is more than ₹ 50 lacs during the year. For this, customers already breached the threshold or potential customers who may cross the threshold shall be identified.
3. The entity may insert a specific line item in the invoice to charge TCS or it may charge TCS through a debit note. Further, it has to be made sure that the invoice or debit note format remains GST compliant.
4. The buyer shall be intimated in advance regarding levy of TCS provisions and obligation on him to pay for TCS.
5. Open a separate ledger account in books of account, to account for the TCS receivable from customer and TCS payable to Govt. A separate ledger account will help in reporting and reconciliation.
6. Setup the checklist and procedure for compliance such as deposit of TCS, filing of the statement, and issuance of a certificate to the buyer.