• Notification Date: 02-07-2021
  • Notification No: 13 of 2021

194Q In Income Tax - TDS Will Be Applicable On Above Rs. 50 Lakh Buyer-Seller Transaction

Notification Source: www.incometaxindia.gov.in
Notification Download Link: https://www.incometaxindia.gov.in/communications/circular/circular_13_2021.pdf

Dated: 30th June, 2021

Sub.: Guidelines under section 1940 of the Income-tax Act, 1961 - reg.

Finance Act, 2021 inserted a new section 194Q in the Income-tax Act 1961
(hereinafter referred to as "the Act") which takes effect from I st day of July, 202 I. It applies
to any buyer who is responsible for paying any sum to any resident seller for purchase of any
goods of the value or aggregate of value exceeding fifty lakh rupees in any previous year.
The buyer, at the time of credit of such sum to the account of the seller or at the time of
payment, whichever is earlier, is required to deduct an amount equal to 0.1 % of such sum
exceeding fifty lakh rupees as income tax.
2. Buyer is defined to be person whose total sales or gross receipts or turnover from the
business carried on by him exceed ten crore rupees during the financial year immediately
preceding the financial year in which the purchase of good is carried out. Central
Government has been authorised to specify by notification in the Official Gazette, person
who would not be considered as buyer for the purposes ofthis section.
3. Sub-section (3) of section 194Q of the Act empowers the Board (with the approval of
the Central Government) to issue guidelines for the purpose of removing difficulties. Various
representations have been received by the Board for issuing guidelines for removing certain
difficulties. In exercise of power contained under sub-section (3) of section 194Q of the Act,
the Board, with the approval of the Central Government, hereby iss'ues the following
guidelines. These guidelines at some places have also tried to remove difficulties in
implementing the provisions of section 194-0 and sub-section (I H) of section 206C of the
Act using power contained in sub-section (4) of section 194-0 of the Act and sub-section (II)
of section 206C of the Act.
4. Guidelines
4.1 Applicability on transactions carried through various Exchanges:
4.1.1 It has been represented that there are practical difficulties in implementing the
provisions of Tax Deduction at Source CTDS) contained in section 194-Q of the Act in case
of certain exchanges and clearing corporations. It has been stated that sometime in these
transactions there is no one to one contract between the buyers and the sellers.
4.1 .2 In order to remove such difficulties, it is provided that the provisions of section 194Q
of the Act shall not be applicable in relation to,-
Ci) transactions in securities and commodities which are traded through recognized
stock exchanges or cleared and settled by the recognized clearing corporation,
Circular No. 13 of2021
including recognized stock exchanges or recognized clearing corporation located in
International Financial Service Centre;
(ii) transactions in electricity, renewable energy certificates and energy saving
certificates traded through power exchanges registered in accordance with Regulation
21 of the CERC; and
For this purpose,-
(i) "recognized clearing corporation" shall have the meaning assigned to it in clause
(i) ofthe Explanation to clause (23 EE) of section 10 of the Act;
(ii) "recognized stock exchange" shall have the meaning assigned to it in clause (ii) of
the Explanation I to sub-section (5) of section 43 of the Act; and
(iii) "International Financial Services Centre" shall have the meaning assigned to it in
clause (q) of section 2 of the Special Economic Zones Act, 2005.
4.2 Calculation of threshold for the financial year 2021-22.
4.2.1. Since section 194Q of the Act would come into effect from 1st July, 2021, it was
requested to clarify how the threshold of fifty lakh rupees specified under this section shall be
computed and whether the tax is required to be deducted in respect of advance paid before 1st
July 2021 and sum credited thereafter.
4.2.2 It hereby clarified that,-
(i) Since section 194Q of the Act mandates buyer to deduct tax on credit of sum in the
account of seller or on payment of such sum, whichever earlier, the provision of this
sub-section shall not apply on any sum credited or paid before I st July 2021. If either of
the two events had happened before 1st July 2021 , that transaction would not be
subjected to the provisions of section 194Q of the Act.
(ii) Since the threshold of fifty lakh rupees is with respect to the previous year,
calculation of sum for triggering TDS under section 194Q shall be computed from 1st
April, 2021. Hence, if a person being buyer has already credited or paid fifty lakh
rupees or more up to 30th June 2021 to a seller, the TDS under section 194Q shall
apply on all credit or payment during the previous year, on or after I st July 2021 , to
such seller.
4.3 Adjustment for GST, purchase returns
4.3.1 It is requested to clarify that whether adjustment is required to be made for GST or
purchase returns for the purpose of tax deduction under section 194Q of the Act. Vide
circular no 17 of 2020 dated 29th Sept 2020 it was clarified that no adjustment on account of
GST is required to be made for collection of tax under sub-section (IH) of section 206C of
the Act since the collection is made with reference to receipt of amount of sale consideration.
However, the situation is different so far as TDS is concerned. It has been clarified in circular
no 23 of20 17 dated 19th July 2017 as under
"wherever in terms of the agreement or contract between the payer and the payee,
the component of 'GST on services' comprised in the amount payable to a resident is
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Circular No. 13 of 2021
indicated separately, tax shall be deducted at source under Chapter XVII-B of the
Act on the amount paid or payable without including such 'GST on services'
component. GST for these purposes shall include Integrated Goods and Services
Tax, Central Goods and Services Tax, State Goods and Services Tax and Union
Territory Good~ and Services Tax. "
4.3.2 Accordingly with respect to TDS under section 194Q of the Act, it is clarified that
when tax is deducted at the time of credit of amount in the account of seller and in terms of
the agreement or contract between the buyer and the seller, the component of GST comprised
in the amount payable to the seller is indicated separately, tax shall be deducted under section
194Q of the Act on the amount credited without including such GST. However, if the tax is
deducted on payment basis because the payment is earlier than the credit, the tax would be
deducted on the whole amount as it is not possible to identity that payment with GST
component of the amount to be invoiced in future.
4.3.3 Further, with respect to purchase return it is clarified that the tax is required to be
deducted at the time of payment or credit, whichever is earlier. Thus, before purchase return
happens, the tax must have already been deducted under section 194Q of the Act on that
purchase. If that is the case and against this purchase return the money is refunded by the
seller, then this tax deducted may be adjusted against the next purchase against the same
seller. No adjustment is required if the purchase return is replaced by the goods by the seller
as in that case the purchase on which tax was deducted under section 194Q of the Act has
been completed with goods replaced.
4.4 Whether non-resident can be buyer under section 194Q of the Act?
4.4.1 It is requested to clarity if the provisions of section 194Q of the Act shall apply to a
buyer being a non-resident. To remove difficulties, it is clarified that the provisions of section
194Q of the Act shall not apply to a non-resident whose purchase of goods from seller
resident in India is not effectively connected with the permanent establishment of such nonresident
in India. For this purpose, "permanent establishment" shall mean to include a fixed
place of business through which the business of the enterprise is wholly or partly carries on.
4.5 Whether tax is to be deducted when the seller is a person whose income is
exempt
4.5.1 It is requested to clarify if the provisions of section 194Q of the Act shall apply to a
seller whose income is exempt. To remove difficulty, it is clarified that the provisions of
~ection 194Q of the Act shall not apply on purchase of goods from a person, being a seller,
who as a person is exempt from income tax under the Act (like person exempt under section
10) or under any other Act passed by the Parliament (Like RBI Act, ADB Act etc.).
4.5.2 Similarly, with respect to sub-section (1 H) of section 206C of the Act, it is clarified
that the provisions of this sub-section shall not apply to sale of goods to a person, being a
buyer, who as a person is exempt from income tax under the Act (like person exempt under
section 10) or under any other Act passed by the Parliament (Like RBI Act, ADB Act etc.).
4.5.3 The above clarifications would not apply if only part of the income of the person
(being a seller or being a buyer, as the case may be) is exempt.
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Circular No. 13 of 2021
4.6 Whether tax is to be deducted on advance payment?
4.6.1 It is requested to clarify if the provisions of section 194Q of the Act shall apply to
advance payment made by the buyer. It is clarified that since the provisions apply on payment
or credit whichever is earl ier, the provisions of section 194Q of the Act shall apply to
advance payment made by the buyer to the seller.
4.7 Whether provisions of section 194Q of the Act shall apply to buyer in the year of
incorporation?
4.7.1 It is requested to clarifY if the provisions of section 194Q of the Act shall apply to a
buyer in the year of its incorporation. It is clarified that under section 194Q of the Act a buyer
is required to have total sales or gross receipts or turnover from the business carried on by
him exceeding ten crore rupees during the financial year immediately preceding the financial
year in which the purchase of good is carried out. Since this condition would not be satisfied
in the year of incorporation, the provisions of section 194Q of the Act shall not apply in the
year of incorporation.
4.8 Whether provIsIons of section 194Q of the Act shall apply to buyer if the
turnover from business is 10 crore or less?
4.8. I It is requested to clarify if the provisions of section 194Q of the Act shall apply to a
buyer who has turnover or gross receipt exceeding Rs 10 crore but total sales or gross receipts
or turnover from business is Rs 10 crore or less. It is clarified that for the purposes of section
I94Q of the Act, a buyer is required to have total sales or gross receipts or turnover from the
business carried on by him exceeding ten crore rupees during the financial year immediately
preceding the financial year in which the purchase of good is carried out. Hence, the sales or
gross receipts or turnover from business carried on by him must exceed Rs 10 crore. His
turnover or receipts from non-business activity is not to be counted for this purpose.
4.9 Cross application of section 194-0, sub-section (lH) of section 206C and section
194Q of the Act.
4.9.1 It is requested to clarifY how section 194-0, sub-section (IH) of section 206C and
section 194Q of the Act, apply on the same transaction.
4.9.2 Under sub-section (3) of section 194-0 of the Act, a transaction in respect of which
tax has been deducted by the e-commerce operator under sub-section (I), or which is not
liable to deduction under sub-section (2), shall not be liable to tax deduction at source under
any other provision of chapter XVII of the Act.
4.9.3 Under second proviso to sub-section (I H) of section 206C of the Act, provisions of
this sub-section shall not apply, if the buyer is liable to deduct tax at source under any other
provisions of this Act on the goods purchased by him from the seller and has deducted such
tax.
4.9.4 Under sub-section (5) of section 194Q of the Act, the provision of this section shall
not apply to a transaction on which-
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Circular No. 13 of 2021
(i) tax is deductible under any ofthe provisions ofthis Act; and
(ii) tax is collectible under the provisions of section 206C, other than a transactions on
which sub-section (I H) of section 206C applies
4.9.5 After conjoint reading of all these provisions the following is clarified:
(i) If tax has been deducted by the e-commerce operator on a transaction under section
194-0 of the Act [including transactions on which tax is not deducted on account of
sub-section (2) of section 194-0], that transaction shall not be subjected to tax
deduction under section 194Q of the Act.
(ii) Though sub-section (IH) of section 206C of the Act provides exemption from TCS
if the buyer has deducted tax at source on goods purchased by him, to remove
difficulties it is clarified that this exemption would also cover a situation where instead
of the buyer the e-commerce operator has deducted tax at source on that transaction of
sale of goods by seller to buyer through e-commerce operator.
(iii) If a transaction is both within the purview of section 194-0 of the Act as well as
section 194Q of the Act, tax is required to be deducted under section 194-0 of the Act
and not under section 194Q of the Act.
(iv) Similarly, if a transaction is both within the purview of section 194-0 of the Act as
well as sub-section (I H) of section 206C of the Act, tax is required to be deducted
under section 194-0 of the Act. The transaction shall come out of the purview of subsection
(I H) of section 206C of the Act after tax has been deducted by the e-commerce
operator on that transaction. Once the e-commerce operator has deducted the tax on a
transaction, the seller is not required to collect the tax under sub-section (I H) of section
206C of the Act on the same transaction. It is clarified that here primary responsibility
is on e-commerce operator to deduct the tax under section 194-0 of the Act and that
responsibility cannot be condoned if the seller has collected the tax under sub-section
(I H) of section 206C of the Act. This is for the reason that the rate of TDS under
section 194-0 is higher than rate of TCS under sub-section (I H) of section 206C ofthe
Act.
(v) If a transaction is both within the purview of section 194-Q of the Act as well as
sub-section (I H) of section 206C of the Act, the tax is required to be deducted under
section 194-Q of the Act. The transaction shall come out of the purview of sub-section
(1 H) of section 206C of the Act after tax has been deducted by the buyer on that
transaction. Once the buyer has deducted the tax on a transaction, the seller is not
required to collect the tax under sub-section (I H) of section 206C of the Act on the
same transaction. However, if, for any reason, tax has been collected by the seller under
sub-section (I H) of section 206C of the Act, before the buyer could deduct tax under
section 194-Q of the Act on the same transaction, such transaction would not be
subjected to tax deduction again by the buyer. This concession is provided to remove
difficulty, since tax rate of deduction and collection are same in section 194Q and subsection
(IH) of section 206C ofthe Act. ~'~
.' b' 1-0:2.\
30 .0
(An it Jain)
Under Secretary to the Govt. of India
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Circular No. 13 of 2021
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