To streamline the taxation system in India and make it more efficient, the Income Tax Department has various provisions for collecting taxes. In most of these provisions, certain appointed people collect a percentage of tax from a group of specified individuals and deposit it with the IT department.
Tax Collected at Source or TCS is one such mechanism in which a seller collects taxes on behalf of buyers at the time of sale.
Tax Collected at Source or TCS is an additional amount that a seller needs to collect from buyers during the generation of invoice/bill. This amount collected is over and above the selling price of goods. Under this mechanism, one refers to the seller as a collector and the buyer as collected. Collectors are liable to deposit the collected tax amount with the government before or on the due date.
However, only certain transactions fall under the purview of TCS. Section 206C provides an exhaustive list of goods and the rate of TCS applicable on their sale. This section also specifies the category of buyers and sellers who fall under or outside the purview of TCS.
When the below-mentioned goods are utilised for trading purposes, their sale attracts TCS. Note that if persons use these goods for manufacturing, processing, or producing things, they do not have to pay TCS.
|Goods||Rate of TCS|
|Liquor of alcoholic nature for consumption by humans||1%|
|Timber wood obtained from lease||2.50%|
|Timber wood obtained in any other mode||2.50%|
|Tendu leaves or tobacco leaves||5%|
|Any other forest produce (apart from timber or tendu leaves)||2.50%|
|Minerals like lignite, iron ore and coal (excluding mineral oil, petroleum, natural gas)||1%|
|Parking lot, toll plaza, mining and quarrying||2%|
|Purchase of motor vehicle over Rs. 10 lakh||1%|
|Bullions over Rs. 2 lakh and jewellery over Rs. 5 lakh||1%|
As per Section 206C of the Income Tax Act, there are only a few people or organisations that qualify as sellers. The following are liable to collect TCS and deposit it with the government:
According to Section 206C of the Income Tax Act, a buyer is an entity who purchases specified goods through sale, tender, auction, etc. The buyer then has the right to receive such goods and use them. However, the following list of individuals and entities do not qualify as buyers for Tax Collected at Source.
Sellers, liable to collect taxes, have to file quarterly TCS returns by filling out and submitting Form 27EQ. Tax collectors need to deposit the tax amount with the government within 7 days from the last day of the month in which they collected TCS. This deposition needs to take place through Challan 281.
However, if tax collectors delay collecting TCS or depositing it with the government, they face a penalty of 1% interest per month.
A seller, who collects taxes, has to provide Form 27D, commonly known as TCS certificate, to the buyers within 15 days from the date of filing quarterly TCS returns. It is given to buyers to allow them to file TCS returns for every financial year.
If one loses the TCS certificate, the entity in charge of collecting taxes can issue a duplicate certificate. This can be done by printing out Form 27 on plain paper and getting it attested.
A TCS certificate (Form 27D) consists of the following details:
As mentioned above, a seller needs to issue TCS certificate within 15 days of filing quarterly TCS returns. The due dates for each quarter are as follows:
|Quarter ending on June 30||July 15|
|Quarter ending on September 30||October 15|
|Quarter ending on December 31||January 15|
|Quarter ending on March 31||May 15|
There are two circumstances under which TCS gets exempted. These are given below:
Using Form 13, a taxpayer can make an application to the Assessing Officer or AO for the collection of TCS at a lower rate. If officers are convinced with the case put forward, then they will issue a certificate for the lower rate.
By filing Form 27C, a buyer declares that the goods purchased are for manufacturing, processing or production. Thus, by declaring that the goods are not for trading, one is able to claim non-applicability of TCS.
The introduction of Tax Collected at Source has been successful in simplifying and organising the Indian taxation system. Moreover, it has also helped the government reduce cases of tax evasion. That said, buyers should be aware of the applicability of TCS and the tax rates on various goods to avoid paying higher taxes.
Ans: TDS is an amount deducted by an entity from the source of income of a deductee while making a payment. Meanwhile, TCS is an amount collected by sellers upon selling specified goods to the buyers.
Ans: Section 206C of the Income Tax Act mentions provisions for the collection of TCS on sale of specified goods. Thus, supply of services does not fall under the purview of this section and Tax Collected at Source.
Ans: If tax collectors file incorrect TCS returns, they can face a penalty under Section 271H. A seller might have to pay a penalty fee ranging from Rs. 10,000 to Rs. 1 lakh due to filing incorrect TCS return.
Ans: To keep a tab on business conducted through online platforms, the government introduced TCS under Goods and Service Tax. In simpler terms, it is a tax collected by an e-commerce operator while selling goods via their online channel.
Yes, it is mandatory for a tax collector to possess and furnish PAN and TAN while filing quarterly TCS returns. If an entity does not quote TAN and PAN, banks will not accept TCS payments.
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