Here we will go through all the latest tax collected at source (TCS) provisions as listed by the tax department. The department has made clear all the points in detail. The Finance Act 2020 has launched three new provisions under Tax collected at source 
TCS on Foreign Remittance Through LRS
The individual liable to manage
- Any approved merchant (“AD”) as specified under FEMA
When the tax should be collected
- AD obtains an amount or a total of the value of INR 700,000 or higher in a fiscal year
From whom the tax should be raised
- From a customer of the overseas currency sent out of India below the LRS
Price of Collection
- Rate of the collection is 5%
- In no PAN or Aadhaar case rate shall be 10%
Non Applicability in the following Cases
- If the customer is liable to subtract TDS
- If a client is a Government, ministry or high commission
TCS on Wholesaling Overseas Tour Packages
An individual liable to accumulate
- Trader of abroad travel packages and involves costs for travel, hotel visit or boarding or similar interests.
When the tax should be raised
- No financial deadline defined, the tax should be obtained irrespective of the cost
From whom this tax should be solicited
- From any person who buys such package
Charge of Collection
- Rate of the collection is 5%
- In no PAN or Aadhaar case rate will be 10%
TCS on the Selling of Any Goods(1/3)
The person responsible to collect
A dealer whose turnover surpasses INR 10 Crores in the directly preceding financial year
When the tax should be collected
At sales time the product other than tendu leaves, timber, scrape, toll ticket, cars or goods responsible to TDS
From whom the tax should be collected
Value or aggregate amount of compensation received surpasses INR 50 lacs through.
Rate of Collection
- Percentage of the collection is 0.1%
- In no PAN or Aadhaar case rate will be 1%
Non Applicability in the below Cases
- If the consumer is likely to subtract TDS
- If a buyer is Government, ministry or high
TCS on the Selling of Any Goods (2/2)
TCS on the Selling of Any Goods (3/3)
One has tried to address the practical aspects to initiate the provisions through the FAQ:
Q.1 – How to collect tax from the buyer?
The invoice includes the amount of TCS that the seller needs to raise. But until the amount gets collected there is no concession arises on the collection of the amount.
Q.2 – How to conclude the applicability of these prerequisites?
The law cannot make important to the Act continuously when the seller is required to follow that means the applicability has to be laid on a year to year foundation.
Q.3 – Is TCS applied to the sale of the property?
Trade of property is narrated distinctively beneath the procurement of section 194IA for a value exceeding INR 50 Lakhs.
Q.4 – Whether TCS should be refunded in case of sales returns?
No, simply initial sales amount has to be returned as the amount of TCS would have been credited as prepaid taxes and will appear in form 26AS of the customer. Though the amount should not be settled or net settlement has to be done after settlement of return then on before-mentioned net remuneration TCS will be collected.
Q.5 – Whether the consideration will include the amount collected towards GST?
The term plan has not defined. Under the section 145A irrespective of the practice in books of accounts, the number of sales will be including GST.
TCS Payment and Return
- The TCS collection required to be paid for the next month in 7 days
- The quarterly TCS return has to be submitted i.e Form 27EQ
- The due date of tax in a quarter is divided
| Quater | Due Date |
|---|---|
| April-June | 5th July |
| July-September | 15th October |
| October-December | 15th January |
| January-March | 15th May |
Way Forward & Scope Forward
Way forward
We shall assist in determining the applicability of the above provision, depending on the nature of business and each business transaction. The value on which the tax has to be obtained and the amount of payment for all the transactions.
Scope Forward
An illustration of the global pandemic COVID – 19, We should not reflect the present improved rates as the government recommended. Although for the purpose of finishing the rates has been diminished in comparison to sales of goods the reduction is about 0.075% for a buyer who has PAN/Aadhaar for the present financial year.
