This discussion clarifies the interaction between Tax Collected at Source (TCS) and Tax Deducted at Source (TDS) under Section 194Q of the Income Tax Act. If a supplier has already charged TCS on goods, the buyer is generally not required to deduct TDS under Section 194Q on the same transaction. This is because the primary liability for tax collection rests with the seller in such cases, and the buyer avoids double taxation.
26 July 2021
Even though the primary responsibility is that of the buyer to deduct tax u/s 194q, if TCS has already been collected by the seller on the same transaction, the buyer is not required to deduct tax u/s 194q again. This is as per the latest clarification issued by CBDT.
27 July 2021
deducting TDS under section 194Q is compulsory but TCS is not applicable where that payment and receipt is covered under any other TDS or TCS provisions.