194 Q Vs 206 C (1H)

Say A and B both having turnover more than 10 crores in previous year, now there are two different transaction, One - A Sales Milk worth Rs. 60 lacs to B, And in another transaction A Purchases cattle feeds worth Rs. 51 lacs from B, In this case TDS / TCS both Applicable ? or Only TDS will be applicable ? To Whom ? Please Explain in details if possible with reference.

Replies (7)
Quick Summary
This discussion clarifies the application of TDS (Section 194Q) and TCS (Section 206C(1H)) for businesses with turnovers exceeding 10 crores. When two businesses engage in mutual sales and purchases of goods exceeding ₹50 lakhs in aggregate during the year, Section 194Q generally takes precedence. This means the buyer is primarily responsible for deducting TDS on the purchase amount exceeding ₹50 lakhs, regardless of whether the seller might also be liable for TCS under 206C(1H).

Yes TDS and TCS both are applicable as turnover purchase consideration are being met and turnover also is more than 10 crores rupees

The provisions of Section 194Q supersedes Section 206C(1H) and imposes primary liability on buyer to deduct tax. As per section 194Q, Buyer who is responsible for paying any sum to any resident (Seller) for purchase of any goods of the value or aggregate of such value exceeding Rs 50 Lakhs during the year, shall deduct TDS @ 0.10%, on amount exceeding Rs.50 Lakhs.

Tax to be deducted at source u/s 194q in respect of each of the purchase transactions. That is B will deduct on ₹10 lacs and A will deduct on ₹1 lac.

Yes here 194Q will be applicable
The provisions of Section 194Q supersedes Section 206C(1H) and imposes primary liability on buyer to deduct tax. As per section 194Q, Buyer who is responsible for paying any sum to any resident (Seller) for purchase of any goods of the value or aggregate of such value exceeding Rs 50 Lakhs during the year, shall deduct TDS @ 0.10%, on amount exceeding Rs.50 Lakhs.

So, Purchaser will Deduct TDS i.e B in milk and A in cattle purchase

ok, thank you all, i am also in opinion to deduct TDS from both end. But there was little confusion that in case there is TDS from both end, which raised the unnecessary extra compliance.

Your welcome

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