Finance/Compliance Consultant
77177 Points
Posted on 07 November 2026
TCS credit follows the buyer's PAN:
• TCS under 206C(1F) is collected from the buyer named on the invoice and is credited to the buyer's PAN (the partner). The firm can't claim it, even if the firm paid and shows the car as its asset.
• Rule 37-I(1): TCS credit is given to the person from whom it was collected. The exception (Rule 37-I(1A), for collectee-declared other persons) applies only where the income is assessable in another person's hands, e.g. joint owners. It doesn't fit here.
• Also note: depreciation requires ownership. A car registered in the partner's name is the partner's asset. The firm claiming depreciation is challengeable (though tribunals sometimes allow it if the firm paid and uses it, with "beneficial ownership").
• Fix: the partner claims the TCS in their own ITR. In the firm's books, treat the TCS paid by the firm as drawings or a loan to the partner.