Examine the applicability of Tax Deduction at Source (TDS) or Tax Collection at Source (TCS) under the provisions of the Income-tax Act, 1961, for…

CA Intermediate · Taxation · MTP · September 2026
Examine the applicability of Tax Deduction at Source (TDS) or Tax Collection at Source (TCS) under the provisions of the Income-tax Act, 1961, for the A.Y. 2026-27 in the following independent scenarios: (i) Mr. Singh, a resident Indian, is in retail business and his turnover for F.Y.2024-25 was ₹ 12 crores. He regularly purchases goods from another resident, Mr. Sabharwal, a wholesaler, and the aggregate payments during the F.Y.2025-26 was ₹95 lakh (₹ 20 lakh on 1.6.2025, ₹ 25 lakh on 12.8.2025, ₹ 22 lakh on 23.11.2025 and ₹ 28 lakh on 25.3.2026). Assume that the said amounts were credited to Mr. Sabharwal's account in the books of Mr. Singh on the same date. (ii) On 1.11.2025, Mr. Karthik made a payment of ₹ 12 lakhs to M/s. Global Travels for a one-week holiday package to Dubai, intended for his family (which includes his wife and 22-year-old twin children) during the final week of November. Furthermore, on 28.3.2026, Mr. Karthik under the Liberalised Remittance Scheme (LRS) to remitted ₹ 10 lakhs from his personal savings via State Bank of India. This remittance was a 50th birthday gift for his sister, who currently resides in Paris. OR Ms. Pooja, a resident of India aged 34 years, failed to file her return of income for the A.Y. 2024-25 and 2025-26. She provides the following details corresponding to each A.Y.: A.Y. 2024-25 (i) Computed Tax liability (without TDS) on Ms. Pooja's total income: ₹5,60,000 (ii) Total TDS deducted: ₹ 10,00,000 A.Y. 2025-26 (i) Computed Tax liability (before TDS, Self assessment tax and Interest) on Ms. Pooja's total income: ₹ 6,30,000 (ii) Total TDS deducted: ₹2,00,000 (iii) Applicable Interest payable under sections 234A, 234B, and 234C (calculated up to 31st May 2026): ₹90,000 (iv) Self-assessment tax deposited: ₹ 1,00,000 She consults you to file an updated return under section 139(8A) on 28.5.2026. You are required to advise her regarding the specific years for which she is eligible to file an updated return and calculate the amount of tax required to be paid.

Suggested Answer and Working Notes:

First Alternative (i) Since Mr. Singh's turnover for F.Y.2024-25 exceeds ₹ 10 crores, and payments made by him to Mr. Sabharwal, a resident seller exceed ₹ 50 lakhs in the P.Y.2025-26, he is liable to deduct [email protected]% of ₹ 45 lakhs (being the sum exceeding ₹ 50 lakhs) in the following manner – No tax is to be deducted u/s 194Q on the payments made on 1.6.2025 and 12.8.2025, since the aggregate payments till that date i.e. ₹ 45 lakhs, has not exceeded the threshold of ₹ 50 lakhs. Tax of ₹ 1,700 (i.e., 0.1% of ₹ 17 lakhs) has to be deducted u/s 194Q from the payment/credit of ₹ 22 lakh on 23.11.2025 [₹ 22 lakh – ₹ 5 lakhs, being the balance unexhausted threshold limit]. Tax of ₹ 2,800 (i.e., 0.1% of ₹ 28 lakhs) has to be deducted u/s 194Q from the payment/credit of ₹ 28 lakhs on 25.3.2026. (ii) M/s. Global Travels, being a seller of an overseas tour programme package has to collect tax at source under section 206C(1G) from Mr. Karthik on receiving amount for purchase of package. Accordingly, tax has to be collected @5% upto ₹ 10 lakhs received and @20% on amount exceeding above ₹ 10 lakhs. M/s. Global Travels has to collect tax of ₹ 90,000, being ₹ 50,000 (5% of ₹ 10 lakhs) and ₹ 40,000 (20% of ₹ 2 lakhs). State Bank of India, being an authorized dealer has to collect tax at source under section 206C(1G) @20% on amount in excess of ₹ 10 lakhs remitted under the LRS. Since in the present case, amount remitted under LRS is ₹ 10 lakhs only, State Bank of India is not required to collect tax at source under section 206C(1G). OR Second Alternative An updated return can be furnished for the previous year relevant to the assessment year at any time within 48 months from the end of the relevant assessment year. Accordingly, the following are the suggestions to Ms. Pooja with respect to furnishing of the updated return on 28.5.2026 for A.Y. 2024-25 and A.Y. 2025-26: A.Y. 2024-25: For A.Y. 2024-25, an updated return can be furnished up to 31.3.2029. Thus, an updated return can be furnished on 28.5.2026. Since the updated return would be furnished after the expiry of 12 months but before 24 months from the end of 31.3.2025, additional income tax would be payable @50% of the aggregate of tax (after taking into consideration tax deducted at source) and interest payable. However in this case, since a refund of ₹ 4,40,000 (₹ 5,60,000, being tax liability - ₹ 10,00,000, being TDS deducted) would arise, an updated return cannot be furnished for A.Y. 2024-25. A.Y. 2025-26: For A.Y. 2025-26, an updated return can be furnished up to 31.3.2030. Thus, an updated return can be furnished on 28.5.2026. Since the updated return would be furnished before the expiry of 12 months from the end of 31.3.2026, additional income tax would be payable @25% of the aggregate of tax (after taking into consideration tax deducted at source and self-assessment tax paid) and interest payable. Accordingly, Ms. Pooja is required to pay additional income-tax of ₹ 1,05,000 i.e., 25% of ₹ 4,20,000 [₹ 3,30,000 (₹ 6,30,000 – ₹ 2,00,000 – ₹ 1,00,000) + ₹ 90,000] in addition to tax payable of ₹ 3,30,000, interest payable of ₹ 90,000 and late fees of ₹ 5,000.

Topics: Paper 3A: Income Tax Laws

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