Briefly discuss the provisions of tax deduction/collection at source under the Income-tax Act, 1961 and determine the amount, if any, of TDS and TCS…
CA Intermediate · Taxation · MTP · September 2024
Briefly discuss the provisions of tax deduction/collection at source under the Income-tax Act, 1961 and determine the amount, if any, of TDS and TCS in respect of the following payments: (i) Mr. Deepak wishes to purchase a residential house costing 60 lakhs from Ms. Priya. The house is situated at Chennai and its stamp duty value is 65 lakhs. He also wants to purchase agricultural lands in a rural area for 65 lakhs. Both the buyer as well as the sellers are residents in India. (ii) ABC & Co., a partnership firm is having a car dealership show-room – 2. They have purchased cars for 2 crores from XYZ Ltd., car manufacturers, the cost of each car being more than 12 lakhs. They sell the cars to individual buyers at a price yielding 10% margin on cost. Turnover of ABC & Co. and XYZ Ltd. was less than 10 crores during the P.Y. 2022-23.
Suggested Answer and Working Notes:
TDS implications (i) Since the sale consideration or stamp duty value of residential house exceeds 50lakhs, Mr. Deepak is required to deduct tax at source@1% of 65lakhs, being higher of sale consideration of 60lakh and stamp duty value of 65lakhs under section 194-IA. TDS provisions under section 194-IA are not attracted in respect of transfer of rural agricultural land, even if the consideration exceeds 50lakh. (ii) Every person, being a seller, who receives an amount as consideration for sale of a motor vehicle of the value exceeding 10lakhs, is required to collect tax at source @1% of the sale consideration from the buyer. TCS provisions will, however, not apply on sale of motor vehicles by manufacturers to dealers/distributors. Hence, XYZ Ltd., the manufacturer-seller need not collect tax at source on sale of cars to the dealer, ABC & Co., even if the value of each car exceeds 10lakhs. However, TCS provisions would be attracted when ABC & Co., sells cars to individual buyers, since the value of each car exceeds 10lakhs. ABC & Co. has to collect tax@1% of the consideration on sale of each car to an individual buyer.
Topics: Paper 3A: Income Tax Laws, Paper 3B: Goods and Services Tax
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