Section 206C: Interest on Delayed TCS Collection Explained

Section 206C

Section 206C: Interest on Delayed TCS Collection Explained

Section 206C

When it comes to tax compliance, timely collection and deposit of Tax Collected at Source (TCS) is crucial. Section 206C of the Income Tax Act, 1961 governs the provisions relating to TCS. A common issue faced by many businesses is the late collection of TCS, which triggers interest liability.

As per Section 206C of the Income Tax Act, any person responsible for collecting TCS who fails to collect it on time is liable to pay interest. This interest is not on the transaction value but on the TCS amount that was due to be collected.

Interest Rate on Late Collection

If TCS is not collected by the due date, the collector becomes liable to pay simple interest at the rate of 1% per month or part of a month. This applies from the date on which TCS was collectible to the date it is actually collected.

Period of Interest Calculation

The interest period begins from the date the TCS was due for collection and ends on the actual date of collection. Importantly, even a fraction of a month is considered a full month for interest computation.

✔️ Example:

If TCS for April is collected in June, interest is applicable for three full months – April, May, and June – regardless of the exact number of days.

Interest Computation Base

Interest is not levied on the transaction value but on the TCS amount that was required to be collected.

Rounding Off of Period

For the purpose of interest calculation:

  • A calendar month is considered.

  • Any part of a month is treated as a full month.

Illustrative Example

ParticularsAmount / Details
TCS amount due₹1,00,000
Month of liabilityApril
Actual collectionJune
Interest rate1% per month
Total interest liability₹3,000
Interest calculation₹1,00,000 × 1% × 3 months

Important Notes on Time Period

  • A month is always taken as a calendar month, not 30 days or any custom duration.

  • Even a 1-day delay into the next calendar month invites a full month’s interest.

Practical Scenarios

S. No.Due Date for CollectionActual Collection DateInterest Period
115-04-202515-04-20250 months
215-04-202516-04-20251 month
315-04-202501-05-20252 months
415-04-202531-05-20252 months
515-04-202530-06-20253 months

As seen above, even a small delay crossing into the next calendar month leads to additional interest.

Tax Treatment of Interest

  • Disallowed Expense: Interest paid on late collection of TCS cannot be claimed as a deductible expense under the Income Tax Act.

  • Permanent Difference: Since this interest is disallowed, it results in a permanent difference in the computation of taxable income. Hence, no deferred tax is created on this liability.

Legal Provision (Bare Act Reference)

According to Section 206C(7) of the Income Tax Act:

“If the person responsible for collecting tax does not collect it, or after collecting fails to pay it as required, he shall be liable to pay simple interest at 1% per month or part thereof, from the date such tax was collectible to the date it is actually collected.”

In addition:

  • If the tax is collected but not deposited, interest is charged at 1.5% per month or part thereof from the date of collection to the date of deposit.

  • If the collector is not treated as an assessee in default under certain circumstances, interest applies only up to the date of filing of return by the buyer.

Section 206C

Final Thoughts

Timely collection and deposit of TCS is not just a matter of compliance—it can also save your business from interest costs that cannot be written off as expenses. A good accounting and compliance process is essential to ensure that such delays are avoided.

Key Takeaways

  • Interest at 1% per month applies to delayed collection of TCS.

  • Interest is calculated on the TCS amount, not the transaction value.

  • Even a 1-day delay leads to 1 full month of interest.

  • The interest cannot be claimed as an expense—it’s a permanent disallowance.

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Despite 74% more direct tax collections, the government borrows 58% of its target.

Despite 74% more direct tax collections, the government borrows 58% of its target.

Despite the fact that the Centre has collected 74% higher direct taxes on an annualised basis this fiscal year, at Rs 5.70 lakh crore, it has also borrowed a staggering 58 per cent of the budgeted amount by selling Rs 7.02 lakh crore worth of debt instruments in the market during the same period.

While it mopped up Rs 31,000 crore in long-term and short-term debt at an average price of 6.15 per cent at the weekly auction of government securities earlier in the day on Friday, the revenue department said later in the day that net personal income tax and corporate tax collection jumped a full 74% to Rs 5.70 lakh crore so far this fiscal, driven primarily by advance tax and TDS payments.

The Central Board of Direct Taxes stated in a statement that the mop-up of net direct tax (after deducting refunds from gross collection) between April 1 and September 22 was Rs 5,70,568 crore, up 74.4 per cent from Rs 3.27 lakh crore collected in the same time last year.

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Furthermore, the net collection is 27% higher than the Rs 4.48 lakh crore it received in FY20, which was prior to the pandemic.

Furthermore, it has been collecting record amounts of indirect taxes in the form of GST (which has been exceeding Rs 1 lakh crore almost every month) and record duties on petroleum products, totaling Rs 94,181 crore in the first quarter on the back of a record tax on fuel that generated an 88 percent increase in revenue over the previous financial year.

According to Care Ratings, the government borrowed Rs 31,000 crore in today’s weekly auction by selling 5, 13, 14, and 30-year securities.

With this, the overall market borrowings so far this fiscal are Rs 7.02 lakh crore, down 8% from previous fiscal’s total of Rs 7.66 lakh crore at this time, and Rs 12,652 crore less than the auctions’ total disclosed amount.

To put it another way, the debt raised so far in FY22 accounts for 58% of the overall projected borrowing limit of Rs 12.05 lakh crore for the fiscal year, and 52% if the GST compensation to states of Rs 1.58 lakh crore is added to the borrowing limit for the year, according to the study.

According to the agency’s chief economist Madan Sabnavis, the weighted average yield across tenures fell 4 basis points to 6.15 per cent last week and is now 31 basis points lower than the peak reached in early August when it soared to 6.46 per cent on August 6.

The Finance Ministry will begin the budgetary process on October 12th.

It should be noted that the government has been collecting Rs 32.90 in excise duty on every litre of petrol (which has been selling for over Rs 100 a litre for months) and Rs 31.80 on a litre of diesel since April last year and had collected a whopping Rs 3.35 lakh crore in FY21 when the total excise mop-up was only Rs 3.89 lakh crore, up from Rs 1.78 lakh crore in FY20. Excise duty on fuel and gasoline was Rs 2.13 lakh crore in FY19.

The CBDT reported that gross direct tax collection so far this fiscal year has surpassed Rs 6.45 lakh crore, up 47 per cent from Rs 4.39 lakh crore in the same period last year and 16.75 per cent more than Rs 5.53 lakh crore in FY20.

Advance tax and tax deducted at source account for Rs 2.53 lakh crore of the entire mop-up. The mop-up was 74% higher than previous year’s levels, with self-assessment tax worth Rs 41,739 crore, regular assessment tax worth Rs 25,558 crore, dividend distribution tax worth Rs 4,406 crore, and tax under other minor areas around Rs 1,383 crore.

This fiscal’s advance tax collection is Rs 2,53,353 crore, up 56% from Rs 1,62,037 crore a year before. Corporation tax of Rs 1.96 lakh crore and personal income tax of Rs 56,389 crore have been collected in advance.

Payment of Tax under QRMP Scheme, for the month of March 2021

1. All taxpayers having aggregate turnover up to Rs 5 crores, under QRMP Scheme (w.e.f. 01.01.2021 onwards), are required to furnish return on a quarterly basis, along with payment of tax on a monthly basis.

2. Persons availing QRMP Scheme are required to pay the tax due, in each of the three months of the quarter, by depositing the due amount as discussed below.

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3. Payment of Tax for first two months of a quarter (M1 & M2 ie for January and February month for Jan-March Quarter):

  • a. While generating the challan, taxpayers must select “Monthly payment for the quarterly taxpayer” as a reason for generating the challan.
  • b. They can choose either of the following two options to generate the Challan:

tax

–35% Challan (Fixed Sum Method):
For taxpayers opting for this method, the portal will generate a pre-filled challan in Form GST PMT-06, for an amount equal to 35% of the tax paid in cash, in the preceding quarter, if the return was furnished quarterly or equal to the tax paid in cash in the last month of the immediately preceding quarter if the return was furnished monthly.

–Challan on a self-assessment basis (Self-Assessment Method):

These taxpayers can pay the tax due by considering the tax liability on inward and outward supplies and the input tax credit as available, in FORM GST PMT-06.

RBI announces new initiatives for digital payments, including the ability to use your mobile wallet as a debit card.

Note: The aforesaid options are not available for payment of tax for the third month (M3) of the quarter to persons availing QRMP Scheme.

  • c. Payment of Tax for the third month of a quarter (M3 ie for March month for Jan-March Quarter): For the third month of the quarter (M3), taxpayers can click the button ‘Create Challan’ in Payment Table 6 of Form GSTR-3B and file GST-PMT-06 Challan, for depositing any amount towards their tax liability.