TDS on purchase of Goods under section 194Q of Income-tax Act, 1961

CBDT has  vide Circular No. 13 of 2021 dated 30/06/2021 issued clarification on section 194Q and interplay of Section 194Q, 206C(1H) AND 194O.

Key Points:

1. TDS on Amount Excluding GST
TDS under section 194Q should be deducted exclusive of GST, if charged separately. However for TCS on sale of goods – section 206C(1H), GST is to be included.  In case, tax is deducted on advance payment or on paid basis, tax has to be withheld on the amount including Gst since at that point of time, it is not possible to segregate the Gst from invoice for goods.

2. Purchase Return
In case of purchase return where TDS u/s. 194Q was done at the time of purchase, TDS deduction is allowed to be adjusted against future supply of goods by the same seller. In case the goods are replaced by the seller for the same value, there is no need of any further adjustment.

3. Computation of Turnover limit
Turnover/ Gross receipts of 10 cror of buyer for applicability of this section 194Q will mean Turnover/ Gross receipts in business only/ from business carried on by him. Hence, receipts by way of rent, interest, capital gain etc if not considered as business income, are not to be included in calculating the threshold of Rs.10 crores.

4. Cut off Transactions

TDS liability u/s. 194Q is either on payment or credit whichever is earlier. Therefore, if either of two events happened before 1st July, 2021, that transaction would not be subjected to provisions of Sec. 194Q of the Act.

5. No TDS if tax already collected by seller u/s. 206C(1H)
If 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.

6. Not Apply in First year of incorporation
The provision of Section 194Q shall not to apply in first year of an entity, as there is no turnover / gross receipts in the preceding year since the entity was not in existence.

7. No TDS on import of goods
Non-resident without permanent establishment are not covered under the ambit of section 194Q. Thus, no TDS deduction on the import of goods.

7. Exemption from TDS u/s. 194Q
(a) Transactions in securities and commodities through defined recognised stock exchanges and recognised clearing corporations located in IFSC

(b) Transactions in electricity, renewable energy certificates and energy saving certificates traded through power exchanges. However kindly note that purchase of electricity which has been held as goods by Hon’ble SC is tax deductible u/s 194Q.

(c) The provisions of Section 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

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