TCS on Scrap

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Rakesh Aggarwal (Querist)
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06 September 2008 Hi all,

My company manufactures auto parts, but recently scraped and sold Rotary table (made inhouse from iron sheet cuttings could be waste) to one of its creditors and that creditor uses it as its asset, whether TCS is applicable, Rotary table was never capitalized. Please give opinion with discussion.

Regards,

Rakesh Aggarwal

Ram Avtar Singh

Ram Avtar Singh (Expert)
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06 September 2008 If Buyer is mot menufacturer then TCS is Applicable

Incase Buyer is manufacturer he will provide TCS Declaration form 27C of Income tax act.

Rakesh Aggarwal

Rakesh Aggarwal (Querist)
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07 September 2008 Thanx Sir,
But,let me explain, the creditor does job work of machining for us and he uses it as its asset for placing machinery over it and our unit is excisable, how can we treat,we have shown it in excise records as scrap (1) if we treat it as scrapping of old asset (2) selling of new asset developed out of scrap and fresh material(3)developed for own use but considered unusable and sold, Please give opinion?

Hiral Raja

Hiral Raja (Expert)
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15 November 2008 TCS is applicable only on sale of manufacturing scrap. Hence first you have to ascertain whether this scrap has arisen out of manufacturing process or not.

As i understand from the abovementioned discussion, it is not a scrap arising from manufacturing process at all. Hence TCS should not be applicable.

However I suggest you to check in detail whether this scrap has arisen out of manufacturing process or not.

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