For TCS on sale of coal, whether i should collect TCS on value including gst or excluding gst. Any clarification or circular on this.
For TCS on sale of good, it was clarified that value for tcs to be including gst.
Replies (11)
Quick Summary
This discussion clarifies whether Tax Collected at Source (TCS) on the sale of coal should be collected on the value including or excluding GST. While some debate exists, the consensus leans towards collecting TCS on the total value, inclusive of GST, as per clarifications for Section 206(1H) of the Income Tax Act. This approach aligns with the principle that TCS is levied on the gross sale value.
In my opinion also, TCS should be collected on value including GST. regarding other sections no circular issued. but as circular issued for TDS on value exclusive of GST. So, dept. may have a view that TCS on value including gst should be collected.
GST is different and tcs/tds is different. GST is form part of CBEC and TDS/TCS relates to CBDT. As I have done in some cases, both TDS and GST be deducted separately, and separate return will be filled, that will be called TDS/TCS return and GST return.
There is no any provision in the income tax Act 1961 to file GST return and also no any office is established in income tax office Mumbai to file GST return. Main question is that whether TCS should be collected with GST or not. My opinion is in support of that. GST return and TDS/TCS return is different. About rates of GST, I have searched in Google.