Examine the applicability and amount of Tax deduction at source (TDS) or Tax collection at source (TCS) as per the Income-tax Act, 1961 for the A.Y…
CA Intermediate · Taxation · RTP · May 2025
Examine the applicability and amount of Tax deduction at source (TDS) or Tax collection at source (TCS) as per the Income-tax Act, 1961 for the A.Y 2025-26 in the following situations: (i) Mr. Subhash is a salaried individual pays rent of 52,000 per month to Mr. Raj from April 2024. Mr. Subhash vacated the premises on 31st August, 2024. What if he vacates the premises on 31st October, 2024. (ii) ABC Traders, a partnership firm, is engaged in the wholesale business of tendu leaves. Its turnover for the P.Y. 2023-24 was 9 crores. During the financial year 2024-25, it sold tendu leaves worth 12 lakhs to XYZ Ltd. XYZ Ltd. does not provide its PAN to ABC Trader.
Suggested Answer and Working Notes:
(i) Since Mr. Subhash is a salaried individual and pays rent exceeding - 50,000 per month in the F.Y. 2024-25, he is liable to deduct tax at source u/s 194-IB @5% till 30.9.2024 and thereafter @2%. If Mr. Subhash vacated the premises on 31st August, 2024, tax has to be deducted from rent payable for August, 2024. Tax deductible would be - 13,000 [₹ 52,000 x 5 x 5%]. If Mr. Subhash vacated the premises on 31st October, 2024, tax has to be deducted from rent payable for October, 2024. Tax deductible would be - 7,280 [₹ 52,000 x 7 x 2%]. (ii) Under section 206C (1) , seller of certain goods, inter alia , tendu leaves is required to collect tax from the buyers @5%. Seller u/s 206C (1) includes firm. In case of non-furnishing of PAN, tax to be collectible at the higher of twice the specified rate i.e., 10% or @5%. In the present case, ABC Traders is required to collect tax at source u/s 206C (1) @10% on sale of tendu leaves of 12lakhs to XYZ Ltd. at the time of debit or receipt, whichever is earlier.
Topics: Paper 3A: Income Tax Laws, Paper 3B: Goods and Services Tax
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