TCS on the sale of scrap means that the seller collects tax from the buyer at the time of sale.
Overview of Section 206C
TCS under Section 206C of the Income Tax Act of 1961 was introduced to ensure that sellers collect tax on selling certain goods. Section 206C(1) of the Income Tax Act covers products like liquor, tendu leaves, minerals, timber, scrap etc.
The tax should be collected at the time of debiting of the amount payable by the buyer to his account or at the time of receipt of such amount from the buyer, whichever is earlier.
TCS Rates for Certain Goods
| Alcoholic liquor for human consumption | 1% |
| Tendu leaves | 5% |
| Timber obtained under forest lease | 2.5% |
| Timber obtained by any other mode | 2.5% |
| Any other forest produce not being timber or tendu leaves | 2.5% |
| Scrap | 1% |
| Minerals, being coal or lignite or iron ore | 1% |
Non-applicability of TCS u/s 206C(1)
No collection of tax shall be made under section 206C(1), in the case of a resident buyer, if such buyer furnishes to the person responsible for collecting tax, a declaration in writing in duplicate in the prescribed form and verified in the prescribed manner to the effect that goods referred to in section 206C(1) are to be utilised for the purpose of manufacturing, processing or producing articles or things or for the purposes of generation of power and not for trading purposes.
Terminologies
Buyer
A person who obtains in any sale, by way of auction, tender, or any other mode, goods of the nature specified in the Table in point (1) or the right to receive any such goods but does not include -
- A public sector company, the Central Government, a State Government and an embassy, a high commission, legation, commission, consulate and the trade representation, of a foreign state and a club, or
- A buyer in the retail sale of such goods purchased by him for personal consumption
Seller
- Central Government
- State Government
- Any Local Authority
- Corporation
- Any Company
- Firm
- Co-operative society
Seller also includes an individual or a HUF whose total sales, gross receipts or turnover from the business or profession carried on by him exceed Rs. 1 crore in case of business and Rs. 50 lakhs in case of profession during the financial year immediately preceding the year in which the goods of the nature specified are sold
Scrap
Waste and scrap from the manufacture or mechanical working of materials which is definitely not usable as such because of breakage, cutting up, wear and other reasons.
The Indian Government requires a seller to provide a TCS certificate to the buyer of goods using the form 27EQ which contains information such as the Name of the buyer and seller, PAN details of the buyer and seller, TAN of the buyer and seller, Rate of applicable TCS and Date of collection of TCS.
Consequences of late filing – Section 271H
If a person fails to file the TCS return by the due date, a fee of Rs. 200 will be charged for each day during which the failure continues. However, the total late fee cannot exceed the amount of the TCS due.
Consequences of non-filing – Section 271H
If a person fails to file the TCS returns, they may face a penalty ranging from Rs 10,000 to Rs 100,000. This penalty is in addition to the applicable late filing fees.
FAQs
The tax should be collected at the time of debiting of the amount payable by the buyer to his account or at the time of receipt of such amount from the buyer, whichever is earlier. Hence, TCS should be collected inclusive of GST.
The rate of TCS under 206C on the sale of scrap is 1%.
A taxpayer can avoid penalties under section 271H in case the delay was due to a reasonable cause or the TCS amount was credited to the government on time.
TCS may not be applicable if the item sold as scrap is not generated from manufacturing or mechanical work.
Yes, TCS can be refunded if the TCS paid exceeds actual tax liability. One can claim the refund by filing the Income Tax Return (ITR).
Form 26AS displays the details of Tax Collected at Source (TCS) made by the seller. It will display the seller’s details such as PAN, name, gross amount, section and tax amount.
CAclubindia
