TCS on Cash Transactions

Finance Act, 2016 imposed TCS on cash Transactions i.e on cash sale of goods or services  with effect from 1-6-2016. Finance Act 2016 has made the following amendments in section 206C of the Act :

New  Section 206C(1D) of Income Tax act imposing TCS on cash Transactions  is as follow

Every person, being a seller, who receives any amount in cash as consideration for sale of bullion  or jewellery or any other goods (other than bullion or jewellery) or providing any service shall, at the time of receipt of such amount in cash, collect from the buyer, a sum equal to one per cent of sale consideration as income-tax, if such consideration,—

 (i) for bullion, exceeds two hundred thousand rupees; or

(ii) for jewellery, exceeds five hundred thousand rupees or

(iii) for any goods, other than those referred to in clauses (i) and (ii), or any service, exceeds two hundred thousand rupees

Provided that no tax shall be collected at source under this sub-section on any amount on which tax has been deducted by the payer under Chapter XVII-B

Analysis of Provision of  TCS on Cash Transactions  i.e on cash sale of goods or services : Conditions

1. Sale of any goods or any services (other than bullion or jewellery)
2. Consideration for goods or services exceeds Rs. 2,00,000 in a (single) bill
3. Out of such consideration, any amount is received in cash
4. The seller will collect tax at the rate of 1% of sale consideration
5. The seller will collect tax at the rate if sale is made or service is rendered w.e.f 01.06.2016
6. Tax will be collected at the time of receipt of any amount in cash.
7. This Rule will be applicable irrespective of the fact whether the buyer is a manufacturer, trader or the purchase is for personal use. However, the purchaser can obtain a lower TCS certificate by submitting Form No. 13 to the Assessing Officer.
8. The seller will not be obliged to collect the tax, if the buyer has deducted the tax at source from the payment.
9. Seller/service provider is required to take PAN of the purchaser/recipient of service.The person raising bill shall ensure after verification that PAN has been correctly furnished and mentioned in the bill. If PAN is not available, a declaration in Form No. 60 should be taken from the purchaser/recipient of service.Such a person is required to retain Form No. 60 for a period of 6 years from the end of the financial year in which the transaction is undertaken.
10. The seller will furnish certificate to the buyer stating that tax has been collected, and specifying the sum so collected, the rate at which the tax has been collected.

Why TCS on Cash Transactions ?

As per the Memorandum explaining provisions of the Finance Bill, 2016, clarifies as under:

“In order to reduce the quantum of cash transaction in sale of any goods and services and for curbing the flow of unaccounted money in the trading system and to bring high value transactions within the tax net, it is proposed to amend the aforesaid section to provide that the seller shall collect the tax at the rate of one per cent from the purchaser on sale of motor vehicle of the value exceeding ten lakh rupees and sale in cash of any goods (other than bullion and jewellery), or providing of any services (other than payments on which tax is deducted at source under Chapter XVII-B) exceeding two lakh rupees.”

Finance Minister, in his budget speech :

“149. I also propose to collect tax at source at the rate of 1% on purchase of luxury cars exceeding value of Rs. ten lakh and purchase of goods and services in cash exceeding Rs. two lakh. For compliant taxpayers with resources, this levy not only advances collection of tax when the expenditure is incurred, but it provides data to the tax authorities to identify the persons who incur such expenditure, but may be missing from the tax base.

When TCS on Cash Transactions is not applicable ?

1. New proviso to sub-section (1D)

The seller will not be obliged to collect the tax, if the buyer has deducted the tax at source from the payment. Thus Provider of a service may not be obliged to collect tax, if the recipient has deducted tax at source.

E.g If Mr A rendered the services to Mr B for Rs 300000 and Mr B Deducted TDS on Rs 300000 before making the payment to  Mr A, then Mr A is not obliged to deduct TCS of Mr B

2.New Sub-section (1E)

Nothing contained in sub-section (1D) in relation to sale of any goods (other than bullion or jewellery) or providing any service shall apply to such class of buyers who fulfil such conditions, as may be prescribed

Definition of ‘seller’ for TCS on Cash Transactions i.e TCS on cash sale of goods or services :-

In terms of the amendment in the definition of ‘seller’, an individual or HUF who provides services exceeding the limit specified in section 44AB(a) and (b) in the previous year, will be considered as seller for the purpose of the section. Accordingly, the provision of the section will apply to such service provider.

New Explanation (c) of Section 206C is as follow

(c) “seller” means the Central Government, a State Government or any local authority or corporation or authority established by or under a Central, State or Provincial Act, or any company or firm or co-operative society and also includes an individual or a Hindu undivided family whose total sales, gross receipts or turnover from the business or profession carried on by him exceed the monetary limits specified under clause (a) or clause (b) of section 44AB during the financial year immediately preceding the financial year in which the goods of the nature specified in the Table in sub-section (1) or sub-section (1D) are sold or services referred to in sub-section (1D) are provided.

Definition of Buyer for TCS on Cash Transactions  i.e TCS on cash sale of goods or services :-

As per Explanation (aa) of Section 206C

(aa) “buyer” with respect to—

…….

(ii) sub-section (1D) or sub-section (1F) means a person who obtains in any sale, goods of the nature specified in the said sub-section;

Definition of ‘ jewellery ‘ for TCS on Cash Transactions i.e TCS on cash sale of goods or services :-

As per Explanation (ab) of Section 206C

“jewellery” shall have the meaning assigned to it in the Explanation to sub-clause (ii) of clause (14) of section 2

Explanation to sub-clause (ii) of clause (14) of section 2 is as follow :-

Explanation 1.—For the purposes of this sub-clause , “jewellery” includes

(a) ornaments made of gold, silver, platinum or any other precious metal or any alloy containing one or more of such precious metals, whether or not containing any precious or semi-precious stone, and whether or not worked or sewn into any wearing apparel

(b) precious or semi-precious stones, whether or not set in any furniture, utensil or other article or worked or sewn into any wearing apparel

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