Tcs on scrap sale

This query is : Resolved 

08 October 2014 Are sale of old machinery parts(like bearings etc.)as scrap do attracts collection of TCS from buyer??

08 October 2014 Yes old machinery parts not usable as such will be treated as scrap attracts collection of TCS.

08 October 2014 No. TCS is attracted when scrap is generated out of a manufacturing process. So TCS will not be applicable on sale of old machinery.

08 October 2014 From the following definition of IT it covers.
Scrap (Scrap means waste and scrap from the manufacture or mechanical working of materials which is usable as such because of breakage, cutting up, wear and tear and other reasons)

08 October 2014 Dear Mr. Seetharaman,

As per Section 206C of Income Tax Act, Following are not covered-
Waste or scrap arising from packing materials, newspaper, old machinery scrapped, etc. which cannot be said to arise from manufacture.

So how TCS attracts in this case??

08 October 2014 This is not scrapping of old machinery it is worn out parts replaced during the process of manufacture treated as scrap in our company and collected TCS.

08 October 2014 Machinery is used for processing but machinery is not processed. So here scrap is not being generated from the processing activity. It is just a case of sale of Old Machinery. So technically as per provision TCS not required to be collected. Even if you collect TCS buyer will get the credit. But technically TCS not applicable.


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