FAQ's & ANALYSIS OF PROVISION OF SECTION -206 ON CASH SALE OF GOODS / SERVICES AFTER THE CLARIFICATION CIRCULAR DATED 24th June 2016

1. COMPILED BY : CA RAMANDEEP SINGH BHATIA
1

2. Section - 206C, Income-tax Act, 1961
BB.—Collection at source
Profits and gains from the business of trading in alcoholic liquor, forest produce,
scrap, etc
206C (1) Every person, being a seller shall, at the time of
debiting of the amount payable by the buyer to the account of
the buyer or at the time of receipt of such amount from the
said buyer in cash or by the issue of a cheque or draft or by
any other mode, whichever is earlier, collect from the buyer of
any goods of the nature specified in column (2) of the Table
below, a sum equal to the percentage, specified in the
corresponding entry in column (3) of the said Table, of such
amount as income-tax:
2

3. Section - 206C, Income-tax Act, 1961
Sl.
No.
Nature of goods Percentage
(1) (2) (3)
(i) Alcoholic Liquor for human consumption One per cent
(ii) Tendu leaves Five per cent
(iii) Timber obtained under a forest lease Two and one-half
per cent
(iv) Timber obtained by any mode other than under a
forest lease
Two and one-half
per cent
(v) Any other forest produce not being timber or
tendu leaves
Two and one-half
per cent
(vi) Scrap One per cent
(vii) Minerals, being coal or lignite or iron ore One per cent: 3

4. Section - 206C, Income-tax Act, 1961
(1A) Notwithstanding anything contained in sub-section (1), no
collection of tax shall be made in the case of a buyer, who is resident in
India, if such buyer furnishes to the person responsible for collecting
tax, a declaration in writing in duplicate in the prescribed form33 and
verified in the prescribed manner to the effect that the goods referred
to in column (2) of the aforesaid Table are to be utilised for the
purposes of manufacturing, processing or producing articles or things
or for the purposes of generation of power and not for trading
purposes.
(1B) The person responsible for collecting tax under this section shall
deliver or cause to be delivered to the 34[Principal Chief Commissioner
or] Chief Commissioner or 34[Principal Commissioner or]
Commissioner one copy of the declaration referred to in sub-section
(1A) on or before the seventh day of the month next following the
month in which the declaration is furnished to him.
4

5. Section - 206C, Income-tax Act, 1961
(1C) Every person, who grants a lease or a licence or enters into a
contract or otherwise transfers any right or interest either in whole or in
part in any parking lot or toll plaza or mine or quarry, to another
person,
other than a public sector company (hereafter in this section referred
to as "licensee or lessee") for the use of such parking lot or toll plaza or
mine or quarry for the purpose of business shall, at the time of debiting
of the amount payable by the licensee or lessee to the account of the
licensee or lessee or at the time of receipt of such amount from the
licensee or lessee in cash or by the issue of a cheque or draft or by any
other mode, whichever is earlier, collect from the licensee or lessee of
any such licence, contract or lease of the nature specified in column (2)
of the Table below, a sum equal to the percentage, specified in the
corresponding entry in column (3) of the said Table, of such amount as
income-tax:
5

6. Section - 206C, Income-tax Act, 1961
Sl. No. Nature of contract or licence or
lease, etc.
Percentage
(1) (2) (3)
(i) Parking lot Two per cent
(ii) Toll plaza Two per cent
(iii) Mining and quarrying Two per cent.
Explanation 1.—For the purposes of this sub-section, "mining and
quarrying" shall not include mining and quarrying of mineral oil.
Explanation 2.—For the purposes of Explanation 1, "mineral oil" includes
petroleum and natural gas.
6

7. Section - 206C, Income-tax Act, 1961
“(1D)New Every person, being a seller, who receives any amount in cash as
consideration for sale of bullion 35[***] 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 subsection on any
amount on which tax has been deducted by the payer under Chapter XVII-B.
(1D)Old Every person, being a seller, who receives any amount in cash as
consideration for sale of bullion 35[***] or jewellery, 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.
7

8. Section - 206C, Income-tax Act, 1961
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.
(1F)New Every person, being a seller, who receives any amount as
consideration for sale of a motor vehicle of the value exceeding ten
lakh rupees, shall, at the time of receipt of such amount, collect from
the buyer, a sum equal to one per cent of the sale consideration as
income-tax.”
8

9. DEFINITION OF SELLER ?
Seller” means
1) 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
2) any company or
3) firm or
4) co-operative society and
5) 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.
9

10. DEFINITION OF BUYER ?
Buyer” with respect to—
(i) sub-section (1) means a person who obtains in any sale, by way of
auction, tender or any other mode, goods of the nature specified in the
Table in sub-section (1) or the right to receive any such goods but does not
include,—
(A) a public sector company, the Central Government, a State Government,
and an embassy, a High Commission, legation, commission, consulate and
the trade representation, of a foreign State and a club; or
(B) a buyer in the retail sale of such goods purchased by him for personal
consumption;
(ii) sub-section (1D) 1[or sub-section (1F)] means a person who obtains in
any sale, goods of the nature specified in the said sub-section;
♠ TCS is applicable even if buyer buys goods for his personal consumption.
10

11. WHAT IF PAN NO , NOT PROVIDED ?
♠ TCS @ 1% to be collected even if no PAN is provided by the
Purchaser.
In that case Form 60 to be obtained from the Purchaser and
Return in Form 61 also to be filed (if Tax Audit applicable).
Deduction at higher rate in case PAN not available (Section
206AA) is not applicable for
11

12. IS QUOTING OF PAN MANDATORY?
RULES 114B, 114C, 114D [Applicable w.e.f. 01/01/2016]
(Requirement for Quoting PAN in specified transactions)
- For General Transactions of Sale or Purchase of Goods or Services
of any nature PAN to be quoted where amount exceeds Rs. Two lacs
per transaction
- For Sale or purchase of motor vehicle PAN to be quoted irrespective
of amount.
-For Sale of purchase of immovable property PAN to be quoted for
amount > 10 lacs.
-For Purchase of foreign currency in cash PAN to be quoted for
payment exceeding Rs. 50000 at any one time.
-For Payment in cash for services to Hotel or restaurant PAN to be
quoted, against a bill exceeding Rs. 50,000 at any one time. For
PAN to be quoted for Payment in cash for services in connection with
foreign travel exceeding Rs. 50000 at any time. 12

13. IS TCS TO BE COLLECTED ON CASH RECEIVED?
What section Says ?
“Every person, being a seller, who receives any amount in cash
as consideration for sale of bullion 35[***] or jewellery, or any
goods (other than bullion or jwellery) 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,
But after clarification issued vide circular date 24th June ,2016
–
Yes it is to be collected only on Cash portion not on invoice value
and only if the cash portion exceeds Rs.2 Lacs 13

14. IS TCS TO BE COLLECTED ON CASH RECEIVED?
llustration: Goods worth Rs. 5 lakhs is sold for which the
consideration amounting to Rs.4 lakhs has been received in
cheque and Rs.1 lakh has been received in cash. As the cash
receipt does not exceed Rs.2 lakh, no tax is required to be
collected at source as per section 206C (1D).
Illustration: Goods worth Rs. 5 lakhs is sold for which the
consideration amounting to Rs.2 lakhs has been received in
cheque and Rs.3 lakh has been received in cash. Tax is required
to be collected under section 206C (1 D) only on cash receipt of
Rs.3 lakhs and not on the whole of sales consideration of Rs.5
lakh.
14

15. IF CONSIDERATION OF AMOUNT FOR GOODS
SOLD/PROVISION OF SERVICE, DIRECTLY DEPOSITED BY
CUSTOMER IN THE BANK ACCOUNT OF SELLER??
Yes, then TCS provision is applicable, as amount received in
cash but deposited in bank.
Does receipt of bearer cheque or cheque which is
crossed without the words “account payee” amount
to receiving consideration in cash?
Since Section 206 (1D) uses the words cash, and not “otherwise
than by crossed account payee cheque or bank drafts” like in other
provisions, it would appear that bearer cheque or cheques crossed
without the words “account payee” would not be regarded as “cash”.
This matter also needs CBDT’s clarification. 15

16. Whether TCS is applicable where goods are exchanged
under Barter System [say Motor Vehicle is exchanged
for another Motor Vehicle]
Since TCS is applicable only to receipt of cash as
consideration for sale, TCS provisions u/s 206C(1D) shall not
apply where payment is received through exchange of goods.
But provided if after exchange, certain amount exceeding
Rs.2 Lacs is received in cash, TCS provision will be applicable
and therefore tax @ 1% to be collected on only on cash
component.
16

17. COLLECTION OF TCS TO BE ON RECEIPT BASIS OR ON
INVOICE BASIS?
Act Says – “Every person being a seller,…………….at the time of
receipt of such amount, collect from the buyer…………” – Sub
Section 1D
Collection of TCS to be on Receipt basis; no regards to when
Invoice raised.
In case Invoice generated before applicability of law
and amount received in cash after June, 2016;
whether TCS provision will be applicable?
No liability arises to collect TCS; as event arises (Sale of
Goods/Provision of Service) already before applicability of
law, no need to collect tax at source along with amount
received for sale consideration during the period, law became
effective. 17

18. Limit of Rs. 2,00,000/- will be considered on amount
inclusive of Tax or exclusive of Tax?
Based on the reading of the provisions, it is inferred that, for
Limit amount will be considered inclusive of VAT/Service Tax
i.e. Sales Consideration
Rate of 1% for collection of TCS to be charged on Value
inclusive of Tax or exclusive?
Act – “…….a sum equal to one percent of the Sale
Consideration as income tax”.+
TCS to be collected on Value inclusive of VAT/Service Tax i.e. on
our Invoice Amount.
18

19. Discount given to buyer/service provider will be
considered or not?
TCS to be collected on Invoice Value (which is after deducting
discount), which means discount to be considered, if and only if
discount is given on Invoice value, in case is given through any
mode, say by raising credit note discount will not be
considered.
If bill raised, for two different goods sold/two
different services provided and single bill raised,
whose value exceeds Rs. Two Lakh, whether TCS
provision will be applicable
Yes, TCS is to be collected, as the seller/service provider create
a single invoice, it can be for two different goods/services. So
even though the individual value do not exceed Rs. Two Lakhs,
but if the invoice amount and cash payment exceeds Rs.
2,00,000, then TCS is to be collected from customers.
19

20. Whether TCS to be collected, in case amount on which
TDS not deducted does not exceed Rs. 2,00,000/-?
No, as the per the clarification dated 24th June as the cash
payment doesn’t exceed Rs.2.00 Lacs
TDS Provisions applicable on part of the amount only,
then TCS is to be collected? If yes, on what amount?
Example – Service provided of Rs. 3,50,000; from service receiver Rs. 2,00,000
received after deduction of TDS on such amount and rest Rs. 1,50,000
received in cash from service receiver.
No TCS to be collected on Rs. 1,50,000/- after the clarification issued dated
24th June as the cash payment doent exceed Rs.2.00 Lacs .
20

21. TDS Provisions applicable on part of the amount only,
then TCS is to be collected? If yes, on what amount?
Example – Service provided of Rs. 4,50,000; and Rs. 2,00,000 received
after deduction of TDS on such amount and rest Rs. 2,50,000 received
in cash, from service receiver;
Ans- Yes , TCS need to be collected on Rs. 2,50,000 @ 1%= Rs. 25,000
Example – Service provided of Rs. 4,50,000; and Rs. 2,00,000 received
after deduction of TDS on such amount and rest Rs. 200,000 received in
cash and Rs. 50,000 in cheque, from service receiver.
Ans- TCS is to be collected only on Rs. 200,000/- (i.e. Only on cash
element involved) at the rate of 1%, therefore from service receiver Rs.
220,000 (200,000+20,000) to be collected.
21

22. Is the threshold limit Rs. 2,00,000 ; transaction-wise/
person – wise or in aggregate?
Based on the reading of the provisions, it is inferred that the
threshold limit for the purpose of collection of tax of Rs.
2,00,000 in case of sale of goods/provision of services should
be considered transaction-wise and not aggregate of all the
transactions for the year.
Example – In case of Motor Vehicle, to a single customer, 3 old cars are sold of
value Rs. 1,50,000 and Rs. 1,80,000 and Rs. 1,90,000 with three different
invoice raised.
Now here since limit of Rs. 2,00,000 will be considered transaction wise i.e.
Value of each car sold though different invoice, and in above said example no
Invoice Value (i..e value of old car) exceed Rs. 2,00,000. Therefore, no liability
to collect Tax at Source arises.
22

23. If motor vehicle sold of value less than Rs. 10,00,000
but more than Rs. 2,00,000 and any amount of sales
consideration received in cash; whether TCS provision
will be applicable?
From reading the provision, clause (iii) of sub section
1D excludes only clause (i) and clause(ii) of such sub
section, which means clause (iii) covers every event of
sale of any goods (i.e. it can be motor vehicle), other
than bullion or jewellery of value more than Rs.
2,00,000 provisions of TCS will be applicable.
23

24. Amount of Sale Consideration received in
parts/stages?
Illustration: Motor vehicle worth 20 lakh is sold and for which
payments arc made in installments, one at the time of booking
and the other at the time of delivery. At the time of booking 5
lakh rupees are paid and 15 lakh rupees are paid at the time of
delivery.
Tax at the rate of 1 % on 5 lakh rupees at the time of booking
and at the rate of I % on remaining 15 lakh rupees at the time
of delivery shall be collected at source.
Similar will be the position with regard to collection of tax at
source under sub-section (1 D) of section 206C.
24

25. In case, motor vehicle of value more that Rs. 2 Lakh
but less than or equal to Rs. Ten Lakh, financed and
part amount received from Financer and some
amount in cash from buyer, when and how TCS to be
collected?
Tax is to be collected at the rate of 1% on booking amount at
the time of booking and rest amount of TCS i.e. 1% on sales
consideration, after deducting TCS collected at the time of
booking;
but in Finance case, part of the amount is received from
Financer, here at the time of receiving margin money (before
receiving money from Financer) from buyer tax at the rate of
1% can be collected, considering practical situation.
25

26. In case any amount received, refunded to
buyer/service receiver after payment of TCS to
Government, in the event service being not provided/
or sold goods returned?
Buyer/service receiver, amount refundable can be amount
agreed between seller/service provider and buyer/service
receiver, in respect of Goods sold/Provision of Service, not
amount collected from buyer/service receiver for TCS can be
refunded to buyer/service receiver, as tax collected from
customer would being already paid to Government and in Act
there is no provision of refund of TCS deposit or to adjust such
TCS deposit, only provision for TDS is specified.
So practically, it would not be possible to refund tax to
buyer/service receiver on cancellation of services to be
provided or return of goods of value after depositing it with
Government. 26

27. “ Every person, being a seller, who receives any
amount as consideration for sale of a motor vehicle
of the value exceeding ten lakh rupees, shall at the
time of receipt of such amount, collect from the
buyer, a sum equal to one percent of the sale
consideration as income tax.
– Sub Sec. 1F New of Section 206C.
27

28. Definition of Motor Vehicle? Does it include two
wheeler also, buses , Trucks also ?
under section 2(28) of the Motor Vehicle Act, 1988, which read as under :
‘”motor vehicle” or “vehicle” means any mechanically propelled vehicle
adapted for use upon roads whether the power of propulsion is transmitted
thereto from an external or internal source and includes a chassis to which a
body has not been attached and a trailer; but does not include a vehicle
running upon fixed rails or a vehicle of a special type adapted for use only in
a factory or in any other enclosed premises or a vehicle having less than
four wheels fitted with engine capacity of not exceeding thirty five cubic
centimetres.”
It includes trucks, buses, two-wheelers and cars.
28

29. Whether TCS to be collected, if Motor vehicle of
value exceeding Rs. 10,00,000 purchased for personal
consumption from Retail Buyer?
Act – “ sub –section (1D) or (1F) means a person who obtains in any sale,
goods/services of the nature specified in the said sub-section” – Explanation
1.
Yes, still Tax is to be collected at Source; as definition of Buyer is amended for
clause VII in Bill passed in Lok Sabha, which specifically covers everyone as
buyer, no one is excluded from Scope.
Rate of 1% for collection of TCS to be charged on Ex-
showroom Price or On-Road Price?
Act – “…….a sum equal to one percent of the Sale Consideration as income
tax”.
TCS to be collected on Ex-showroom Price i.e. again on Sale Consideration
(the Invoice amount, which include VAT)
29

30. Whether Manufactures, Supplier , Inter Dealer will
also collect TCS?
Yes, Manufacturers will also collect TCS from Dealers; as
everyone is covered.
If Ex-showroom Price of motor vehicle exceeds Rs.
10,00,000 but after giving discount, value is less than
or equal to Rs. 10,00,000; whether TCS is to collected?
No need to collect TCS, as liability of TCS arises only if sales
consideration (invoice amount) exceeds Rs. 10,00,000, but after
giving discount to customers the invoice amount do not exceed
Rs. 10,00,000 and hence no liability of TCS arises.
30

31. Whether amount of TCS to be collected at the time of
Receipt of Booking Amount?
Yes, on first receipt itself the TCS to be collected, which means
TCS is to be collected with booking amount itself
If Ex-showroom Price of motor vehicle exceeds Rs.
10,00,000 but after giving discount, value is less than
or equal to Rs. 10,00,000; whether TCS is to collected?
No need to collect TCS, as liability of TCS arises only if sales
consideration (invoice amount) exceeds Rs. 10,00,000, but after
giving discount to customers the invoice amount do not exceed
Rs. 10,00,000 and hence no liability of TCS arises.
31

32. RULE - 114E. -ANNUAL INFORMATION RETURN
(1) The statement of financial transaction required to be
furnished under sub-section (1) of section 285BA of the
Act shall be furnished in respect of a financial year
in Form No. 61A and shall be verified in the manner
indicated therein.
(2) The statement referred to in sub-rule (1) shall be furnished
by every person mentioned in column (3) of the Table
below in respect of all the transactions of the nature and
value specified in the corresponding entry in column (2)
of the said Table in accordance with the provisions of
sub-rule (3), which are registered or recorded by him on
or after the 1st day of April, 2016, namely:—
32

33. Sl. No. Nature and value of transaction Class of person (reporting
person)
(1) (2) (3)
11. Receipt of cash payment exceeding
two lakh rupees for sale, by any
person, of goods or services of any
nature
(other than those specified at Sl. Nos.
1 to 10 of this rule, if any.)
Any person who is liable
for audit under section
44AB of the Act.
33

34. (3) The reporting person mentioned in column (3) of the Table under sub-rule (2)
(other than the person at Sl. No. 9) shall, while aggregating the amounts for
determining the threshold amount for reporting in respect of any person as
specified in column (2) of the said Table,—
(a) take into account all the accounts of the same nature as specified in column
(2) of the said Table maintained in respect of that person during the financial
year;
(b) aggregate all the transactions of the same nature as specified in column (2)
of the said Table recorded in respect of that person during the financial year;
(c) attribute the entire value of the transaction or the aggregated value of all
the transactions to all the persons, in a case where the account is maintained
or transaction is recorded in the name of more than one person;
(d) apply the threshold limit separately to deposits and withdrawals in respect
of transaction specified in item (c) under column (2), against Sl. No. 1 of the
said Table. 34

35. 35
Disclaimer: The views and opinions expressed in this article are those of the compiler and
do not necessarily reflect the official policy or position of any agency/department of the
government. All possible efforts are made to make the compilation error free and incase if
there is any left , we regret for the same and request to point out the same at our mail id.

36. CA . RAMANDEEP SINGH BHATIA
Qualifications :
FCA, CS (EXE) , BCOM,
CERT. IFRS, CERT. IDT, CERT. CBA, DISA
Associated to:
-Trainer ICAI Raipur- GMCS/OTC/ITT
- Trainer MCA Investor Awareness Program
- Editor Newsletter Income Tax Bar Association Raipur
- Vice President (Training) – JCI Raipur Capital
- Executive Member of Governing Board of CG IDT Association
+919827152729
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