23 Jul 2019

CLASSIFICATION OF SELLER AND BUYER UNDER TAX COLLECTED AT SOURCE

CLASSIFICATION OF SELLER AND BUYER UNDER TAX COLLECTED AT SOURCE

There are some specific people or organizations who have been classified as SELLERS for tax collected at source. No other seller of goods can collect tax at source from the buyers apart from the following list:

  1. Central Government
  2. State Government
  3. Local Authority
  4. Statutory Corporation or Authority
  5. Company registered under Companies Act
  6. Partnership firms
  7. Co-operative Society
  8. Any person or HUF who is subjected to an audit of accounts under Income tax act for a particular financial year

 BUYERS liable to pay the tax at source to the sellers are:

  1. Public sector companies
  2. Central Government
  3. State Government
  4. Embassy of High commission
  5. Consulate and other Trade Representation of a Foreign Nation
  6. Clubs such as sports clubs and social clubs

TCS Payments & Returns

 The dates for paying TCS to the government are:

Collection Month

Quarter Ending

Due date of Payment

Due Date of filing return

April

30th June

7th May

15th July

May

7th June

June

7th July

July

30th September

7th August

15th October

August

7th September

September

7th October

October

31st December

7th November

15th January

November

7th December

December

7th January

January

31st March

7th February

15th March

February

7th March

March

7th April

 

All sums collected by an office of the Government should be deposited on the same day of collection.

The seller deposits the TCS amount in Challan 281  within 7 days from the last day of the month in which the tax was collected.

 Penalty for Late Payment

If the tax collector responsible for collecting the tax and depositing the same to the government does not collect the tax or after collecting doesn’t pay it to the government as per above due dates, then he will be liable to pay interest of 1% per month or a part of the month.

Every tax collector has to submit quarterly TCS return i.e. in Form 27EQ in respect of the tax collected by him in a particular quarter. The interest on delay in payment of TCS to the government should be paid before filing of the return.

Certificate of TCS

When a tax collector files his quarterly TCS return i.e.  Form 27EQ, he has to provide a TCS certificate to the purchaser of the goods.

 Form 27D is the certificate issued for TCS returns filed. This certificate contains the following details:

  1. Name of the seller and buyer
  2. TAN of the seller i.e. who is filing the TCS return quarterly
  3. PAN of both seller and buyer
  4. Total tax collected by the seller
  5. Date of collection
  6. The rate of tax applied