Section 206C
5paisa Research Team
Last Updated: 25 Jun, 2024 05:36 PM IST
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Content
- What Is Section 206C?
- Applicability Of Section 206C
- Rates Of TCS Under Section 206C
- Who Is Responsible For Collecting TCS Under Section 206C?
- Threshold Limits Under Section 206C
- Exemptions Under Section 206C
- Penalties & Consequences For Non-Compliance
- Conclusion
Indian Income Tax Act's Section 206C provides comprehensive explanations of Tax Collection at Source (TCS), method of tax collection that is similar to TDS. Of course, TCS & TDS differ significantly in few important ways.
What Is Section 206C?
Tax Collected at Source (TCS) on profits & gains from sale of alcohol, forest products, scrap, minerals, etc. is governed by Section 206C. According to this clause, if vendor receives more than ₹50 Lakhs in sales from single buyer, they are required to collect this tax. In given fiscal year, these provisions are applicable to sellers having turnover exceeding ₹10 crores.
Applicability Of Section 206C
Under this section, every person acting as ‘Seller’ must collect tax from ‘Buyer’ at specified rate on ‘purchase value’ of certain specified goods.
TCS is applicable to sellers whose turnover in preceding financial year exceeds Rs. 10 crore1.
Goods subject to TCS include alcoholic liquor for human consumption, tendu leaves, timber obtained under forest lease, scrap, minerals (coal, lignite, iron ore), & other forest produce.
rates vary based on type of goods & applicable period.
Sellers collect tax at time of debiting buyer’s account or upon receipt of payment, whichever is earlier.
Buyers must furnish declaration in Form No. 27C to seller for each sale.
Notably, TCS is not required for goods used for manufacturing, processing, or power generation (not for trading purposes).
Rates Of TCS Under Section 206C
Businesses must comply with section 206C of Income Tax Act to avoid penalties. Understanding provisions of 206C of Income Tax Act is crucial for accurate tax compliance. In summary, section 206C of Income Tax Act helps streamline tax collection, ensuring that government receives its due revenue efficiently.
SL No | Kind of Goods/ Services | Percentage Levied |
1 | Consumable Alcohol/ liquor (not counting overseas brand made in India) | 1 Percent |
2 | Timber wood acquired using valid forest lease | 2.5 Percent |
3 | Timber wood acquired using valid forest lease | 2.5 Percent |
4 | Any other forest goods other than timber | 2.5 Percent |
5 | Tendu leaves | 5 Percent |
6 | Any other goods from forest other than tendu leaves | 2.5 Percent |
7 | Minerals (such as ores of iron, coal or lignite) | 1 Percent |
8 | Scrap | 1 Percent |
Who Is Responsible For Collecting TCS Under Section 206C?
TCS is also responsibility of person who trades in jewelry or precious metals like gold, silver, etc. Every seller who receives any amount in cash in exchange for selling these items (except from gold coins or items weighing less than 10g) is subject to Section 206C-(1D). TCS is not necessary if sale consideration for bullion is less than INR 2 lacs. Additionally, if value of jewelry is less than INR 5 lacs, TCS is not required.
Section 206C of Income Tax Act pertains to collection of tax at source from buyer by seller on specified transactions. 206C of Income Tax Act ensures that tax is collected on certain goods & services at point of sale.
Threshold Limits Under Section 206C
TCS exemption limit for total sales value under Section 206C is ₹50 Lakhs.
Section 206C of Income Tax Act pertains to Tax Collection at Source (TCS). Under these TCS provisions, certain sellers are required to collect tax from buyers at point of sale for specific goods & services. TCS rates vary depending on type of goods or services being sold, ensuring that tax is collected in accordance with government regulations.
Exemptions Under Section 206C
Every financial year, government sets TCS threshold, below which TCS does not apply. Understanding this threshold is essential for both Buyers & sellers to determine their tax obligations accurately. There are also specific TCS exemptions available, which exempt certain transactions or buyers from this tax, based on criteria set forth by government.
TCS is not applicable if following conditions are met:
- Personal use Items;
- Goods are purchased & used in production of item & not in commerce.
Penalties & Consequences For Non-Compliance
Tax Collected at Source must be deposited by vendor with Indian government. following guidelines apply to return & payment of (TCS):
- If tax is not collected, penalty interest of 1 % is assessed per month or for part of month.
- Failure to pay may also result in jail for maximum of 7 years under section 276BB of I-T Act & penalty under section 271CA of Act equal to TCS amount.
Conclusion
It’s Applicability extends to transactions involving not only goods like alcoholic liquor, forest produce, scrap, but also minerals, among others. It's crucial for sellers to adhere to TCS compliance to not only avoid penalties but also ensure smooth business operations. This provision is different from Tax Deducted at Source (TDS), which consists deduction of tax at time of payment rather than at point of sale.
In summary, Section 206C ensures systematic approach to tax collection on specific transactions, contributing to overall revenue collection under Income Tax Act.
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Frequently Asked Questions
- Finance Act 2023 introduced changes to Section 206C of Income Tax Act.
- TCS (Tax Collection at Source) rates increased from 5% to 20% for remittance under Liberalised Remittance Scheme (LRS) & sale of overseas tour program packages.
- Threshold of Rs. 7 lakh for triggering TCS on LRS was removed.
- Section 206C (1H) affects sellers of goods with turnover exceeding Rs. 10 crore.
- They must collect TCS when receiving over Rs. 50 lakh from single buyer during financial year.
- Businesses need to identify such buyers & comply with TCS requirements, increasing their compliance burden
- TCS under Section 206C is not required from resident buyers if goods are used for manufacturing, processing, or power generation (not trading).
- Buyers must furnish Form No. 27C to seller, who submits it within 7 days of receipt.
- SCRAP, as defined, qualifies for TCS under Section 206C. Remember, TCS can be claimed as credit against income tax payable during filing.