TCS 206(1)H applicability

Is TCS in 206C(1)H is applicable on including GST bill amt or Excluding GST bill amt (turnover of 10cr will be calculated on excluding GST or including GST?)(limit of 50 lakhs for each buyers will be calculated on including GST or excluding GST?)
Replies (1)

Great question! The applicability of TCS under Section 206C(1H) of the Income Tax Act has been a point of confusion, especially regarding whether GST should be included or excluded when calculating:

  1. The seller's turnover limit of ₹10 crores, and

  2. The buyer-wise collection threshold of ₹50 lakhs.

Let’s break this down:


✅ 1. Turnover of ₹10 Crores — Should it include GST?

Answer: Yes, it should include GST.

  • The ₹10 crore turnover limit is to be checked based on total sales/gross receipts/business turnover of the seller in the preceding financial year.

  • As per CBDT Circular No. 17/2020 dated 29.09.2020, turnover for this purpose includes GST, unless GST is excluded in the books of accounts.

🔹 So, if GST is part of your sales in your books, it must be included for checking the ₹10 crore limit.


✅ 2. Buyer-wise Threshold of ₹50 Lakhs — Should it include GST?

Answer: No, it should be excluding GST.

  • For the purpose of calculating the threshold of ₹50 lakh per buyer, the CBDT clarified in the same Circular (17/2020) that:

    “No adjustment on account of indirect taxes including GST is required to be made for collection of tax under sub-section (1H) of section 206C.”

  • However, later it was clarified via CBDT Guidelines dated 30.09.2020 and other interpretations that:

    • TCS should be collected on the amount excluding GST, if GST is shown separately in the invoice.

✅ Conclusion:

  • Threshold of ₹50 lakhs is calculated excluding GST (if shown separately in invoice).

  • TCS is collected on amount excluding GST (if GST is shown separately).


🧾 Practical Example

Assume:

  • Seller’s turnover in FY 2024–25 = ₹12 crore (incl. GST) ✅ → TCS applicable

  • Buyer purchases goods worth ₹70 lakhs (incl. ₹10 lakhs GST)

➡️ For threshold:

  • Consider only ₹60 lakhs (excluding GST) → Exceeds ₹50 lakh → TCS applicable.

➡️ TCS will be on ₹10 lakhs (₹60L − ₹50L), and rate is 0.1% (if PAN available)


📝 Summary Table

Criteria GST Included?
Seller Turnover (₹10 Cr limit) ✅ Yes
Buyer Threshold (₹50 Lakh) ❌ No
Amount on which TCS is to be calculated ❌ No (if GST shown separately in invoice)

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