TDS 194Q vs TCS 206C(1H)

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M Sairam (Querist)
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26 February 2021 Extraction From Sec 194Q,

Sec 194Q(5) - The provisions of this section shall not apply to a transaction on which,
(a) tax is deductible under any of the provisions of the Act; And
(b) tax is collectible under the provisions of sec 206C Other than Sec 206C(1H)

Extraction From Sec 206C(1H),

2nd proviso of sec 206C(1H) - the provisions of this sub-section shall not apply if the buyer is liable to deduct tax at source under any other provision of this Act on the goods purchased by him from the seller and has deducted such amount.

In conclusion, TDS is applicable even TCS is collected u/s 206C(1H) But TCS is not required to collect if TDS is deducted by the buyer. So better, the buyer has to deduct TDS.

Please guide me if I analyzed these sections.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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26 February 2021 Yes, you are right TCS is not required to collect if TDS is deducted by the buyer. So better, the buyer has to deduct TDS.

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M Sairam

M Sairam (Querist)
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26 February 2021 Sir, Thanks for your immediate replies every time.

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