A request has been made to the Finance Minister seeking relief and clarification regarding Tax Collection at Source (TCS) under section 206C(1H) of the Income Tax Act, 1961. The current provisions, effective from October 1, 2020, impose TCS on sellers for goods exceeding fifty lakh rupees in a financial year, but lack provisions for lower or nil tax certificates for businesses facing losses. Confusion also exists regarding the applicability of TCS to pre-October 1, 2020 sales and whether GST should be included in the sale consideration.
Smt. Nirmala Sitharaman
Honble Minister of Finance
Government of India
New Delhi 110001
Respected Madam,
Subject: Request for granting relief from provisions of Tax Collection at Source (TCS) under section 206C(1H) of the Income Tax Act, 1961
1. The Finance Act, 2020 has made an amendme
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FAQ :
Section 206C(1H) requires sellers to collect Tax at Source (TCS) at 0.1% on sale consideration exceeding fifty lakh rupees in a financial year, effective from October 1, 2020.
Businesses facing losses cannot apply for a Nil or lower TCS certificate under sub-section (9) of Section 206C, leading to fund blockage and subsequent refund claims.
Yes, there is confusion as the provision is triggered on the receipt of sale consideration, potentially including amounts outstanding from sales made before October 1, 2020.
It is argued that GST should not be included as it is a separate tax levied by the government, and including it would amount to dual taxation.
Requests include amending Section 206C(9) to allow lower TCS certificates, excluding B2B transactions, clarifying applicability to pre-October 1, 2020 sales, and excluding GST from sale consideration.
It is proposed that B2B (business-to-business) transactions be carved out from the ambit of TCS under Section 206C(1H) to avoid multiple levels of tax collection.