Section 206AB introduces a higher levy of TDS on tax defaulters from 01st July 2021

Section 206AB introduces a higher levy of TDS on tax defaulters from 01st July 2021

You must have received contact from your vendors/suppliers/buyers, etc., requesting confirmation that you have submitted your IT Return for the previous two financial years or that your total TDS deducted in the previous two financial years exceeds Rs. 50,000/-.

All of this is due to significant changes in TDS Provisions beginning July 1, 2021.

Let us look at one key modification in TDS regulations that will take effect on July 1, 2021:

 

1) Budget 2021 will see the introduction of Section 206AB:

Section 206AB of the Income Tax Act was added by Finance Act 2021.

Section 206AB has a significant impact on current TDS regulations and rates.

TDS on any payment other than salary is to be deducted at twice the current rates or 5%, whichever is higher if the recipient or deductee has not filed returns of income (ITR) for the previous two financial years for which the time limit for filing ITR has expired and the aggregate of tax deducted at source and tax collected at source in his case is rupees.

If the deductee/recipient has not filed his ITR for the past two financial years and his total TDS and TCS deducted in each of the preceding two years is more than Rs. 50,000/-, the deductor must deduct TDS at:

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whichever of the following rates is higher:

  • (i) at twice the rate mentioned in the applicable Act provision;
  • (ii) at twice the rate or rates in effect; or
  • (iii) at a rate of 5%.

As a result, beginning July 1, 2021, if you are deducting TDS on behalf of a person who has not filed an ITR for the previous two financial years and whose total TDS and TCS exceeds Rs. 50,000/-, you must deduct TDS at twice the standard rate or 5%, whichever is higher.

For example, if you deduct TDS under section 194C, TDS will be deducted at a rate of 5% if the deductee/payee has not filed an ITR for the previous two financial years and their TDS and TCS exceed Rs. 50,000/- in each FY. (twice the rate of 2% = 4% or 5%, whichever is higher, i.e. 5% )

Similarly, if you are deducting TDS under section 194J, TDS will be deducted at twice the rate, i.e. 20% (10% * 2) or 5%, whichever is higher, for a total of 20%.

The government’s plan is to collect tax at source from people who don’t file their tax returns.

Ques: How will we know whether the deductee/recipient of the payment is filing their ITR for the previous two financial years and their TDS exceeds Rs 50,000/- in both previous Financial years?

Ans: The Govt. has come up with a utility where every person can check if their deductee/payee is a specified person on whom a higher rate of TDS is applicable.

If a person is a ‘specified person’ then a higher rate as mentioned above shall be required to be deducted for such person.

You can also make a declaration or an undertaking from all the persons of which you are liable to deduct tax in respect of the same but please note that a declaration or undertaking is no substitute for checking if the person is a specified person from the Govt. prescribed utility.

Ques: What if a specified person on whom the higher rate is to be deducted does not have a PAN?

Ans: Income Tax Act prescribes TDS at 20% where PANis not available.

This new section clearly states that TDS will be deducted at the rate prescribed in this section or 20% whichever is higher.

 

Ques: Whether similar provisions are available in the case of Tax Collected at Source (TCS)?

Ans: Yes, budget 2021 has introduced similar provisions in TCS where a higher rate of TCS is to be collected from a ‘specified person’ who has not filed ITR of two previous financial years and total TDS and TCS exceeds Rs. 50,000/- vide section 206CCA.

 

Ques: ITR for which FY should be filed to determine whether higher TDS is to be deducted or not.

Ans: For FY 2021-22, ITRS for FYs 2019-20 and FY 2018-19 need to be checked. Therefore, if any person has filed ITRs for FY 2019-20 and FY 2018-19 then a higher rate of TDS is not applicable to such person.

ITR for FY 20-21 will not be checked for this purpose as the time limit for filing such a return has not expired yet.

Discussion related to the credit of the TDS

Ques: If a person has not filed ITRs for the preceding two Financial years, whether it is certain that TDS at a higher rate will be deducted?

Ans: Section 206AB/206CCAprescribe two conditions for deduction of tax at the higher rate. Along with filing ITR for the previous two financial years, the total aggregate TDS and TCS of the deductee/payee/recipient of payment should also be Rs. 50,000/- or more in each of the two previous financial years.

Therefore, if the payee/deductee does not have a total aggregate TDS and TCS of Rs. 50,000/- or more during each of the two previous financial years then TDS will not be deducted at higher rates even if such payee/deductee has not filed his ITR for the previous two financial years.

 

Ques: Whether aggregate of TDS and TCS of Rs. 50,000/- is for the payment on which TDS rate is to be checked or is it the total TDS and TCS of the payee/deductee during the FY on all amounts received by him?

Ans: Total TDS and TCS of the payee/deductee on the aggregate of all amounts received by him during the FY is to be checked. Therefore, the total TDS/TCS showing in form 26AS of the deductee for the financial year is to be considered for the purpose of this section.

TDS/TCS amount on that particular payment is not to be considered for determining a higher rate of TDS on such payment.

GST in India? – Goods And Services Tax Law Explained

GST is an Indirect Tax that has replaced many Indirect Taxes in India. The Goods and Services Tax Law was passed in Parliament on March 29, 2017. This Act came into effect on July 1, 2017; The Goods & Services Tax Law in India is a comprehensive, multi-stage tax based on the objectives imposed on each value addition.

What is GST?

“GST (Goods and Services Tax) is India’s largest indirect tax reform. GST is a single tax on the supply of goods and services. This is a destination-based tax. GST has included taxes such as Central Excise Law, Service Tax Law, VAT, Entry Tax, Octroi, etc. GST is one of the largest indirect tax reforms in the country. GST is expected to unite the country’s economy and increase the country’s economic growth as a whole.

GST is one of the indirect taxes for all countries.

So, before the Goods and Services Tax, the tax collection pattern is as follows:

GST regime

Multi-stage

There are several changes of goods that enter through its supply chain: from manufacturing to final sales to consumers.

Let’s consider the following case:

  • Raw Material Purchases
  • Production or Manufacture
  • Warehousing of Finished Goods
  • Sold to Wholesalers
  • Product Sales to Retailers
  • Sales to End Consumers

GST Multi stage

Goods and services tax will be charged at each stage which makes it a multi-stage tax.

Value Addition

Manufacturers that make biscuits buy flour, sugar and other ingredients. The input value increases when sugar and flour are mixed and baked into biscuits.

manufacturer of Biscuit

Advantages of GST

GST will primarily remove the cascading effect on the sale of goods and services. Removal of the cascading effect will have a direct impact on the cost of goods. Because taxes on taxes are removed in this regime, the cost of goods decreases.

Benefits of GST

What are the GST Components?

There are 3 taxes that apply under this system: CGST, SGST & IGST.

CGST: Collected by the Central Government for Intra-Country sales (For example: transactions occur in Maharashtra)
SGST: Collected by the State Government for Intra-Country sales (For example: transactions occur in Maharashtra)
IGST: Collected by the Central Government for sales between countries (For example: Maharashtra to Tamil Nadu)

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New Mandatory Rule Introduced To Generate GST E Way Bill

GST E way bills now demand another compliance that must be followed because the GST network has required it to enter the PIN code of the place where the shipment must be loaded or unloaded.

The reason for entering the PIN code on the E-Way Bill will help the portal to calculate the actual distance further helping to validate E Way Bill.

At present, businesses only need to mention the distance and place of loading and unloading that do not help for reasons but now the PIN code should help in this cause.

At present the GST E bill is generated when 100kms are spent in one day but the problem is that some businesses can use the same GST e-way bill and make several trips.

And now GSTIN offers auto-population facilities when a PIN is entered in the place of the sender’s or recipient’s address, according to an official statement released.

GSTN also issued a statement saying, “This new feature is part of GSTN‘s ongoing efforts to improve user experience and make the e-way bill drafting process easy and convenient for users. These new features have been developed and introduced in response to feedback from both users and tax authorities to make e-way bills easier. “

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