TMI BlogGuidelines under section 194-O (4) and section 206C (1-I) of the Income-tax Act, 1961X X X X Extracts X X X X X X X X Extracts X X X X ..... the gross amount of sale of goods or provision of service or both, facilitated through its digital or electronic facility or platform. However, exemption from the said deduction has been provided in case of certain individuals or Hindu undivided family fulfilling specified conditions. This deduction is required to be made at the time of credit of amount of such sale or service or both to the account of an e-commerce participant or at the time of payment thereof to such e-commerce participant, whichever is earlier. 2. Finance Act, 2020 also inserted sub-section (1H) in section 206C of the Act which mandates that with effect from 1st day of October, 2020 a seller receiving an amount as consideration for sale of any goods of the value or aggr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the provisions of section 194-O , and sub‑section (1H) of section 206C , of the Act shall not be applicable in relation to,- (i) transactions in securities and commodities which are traded through recognized stock exchanges or cleared and settled by the recognized clearing corporation, 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) of the Explanation to clause (23EE) o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... implementation, ABC may take an undertaking from XYZ regarding deduction of tax. 4.3 Applicability of on insurance agent or insurance aggregator : 4.3.1 It has been represented that insurance agents or insurance aggregators in many cases have no involvement in transactions between insurance company and the buyer for subsequent years. It has been represented that in subsequent years, the liability to deduct tax may arise on the insurance agents or insurance aggregators even if the transactions have been completed directly with the insurance company. This may result into hardship for the insurance agents/aggregators. 4.3.2 In order to remove difficulty it is provided that in years subsequent to the first year, if the insurance agent or insura ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n or after 1 st October, 2020. (ii) Since sub-section (1H) of section 206C of the Act applies on receipt of sale consideration, the provision of this sub-section shall not apply on any sale consideration received before 1st October 2020. Consequently it would apply on all sale consideration (including advance received for sale) received on or after 1st October 2020 even if the sale was carried out before October 2020. (iii) Since the threshold of fifty lakh rupees is with respect to the previous year, calculation of receipt of sale consideration for triggering TCS under sub-section (1H) of section 206C shall be computed from 1st April, 2020. Hence, if a person being seller has already received fifty lakh rupees or more up to 30 th September ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act, if the receipt of sale consideration for such vehicles during the previous year exceeds fifty lakh rupees during the previous year. (iii) In case of sale to consumer, receipt of sale consideration for sale of motor vehicle of the value exceeding ten lakh rupees would not be subjected to TCS under sub-section (1H) of section 206C of the Act if such sales are subjected to TCS under sub-section (1F) of section 206C of the Act, 4.6 Adjustment for sale return, discount or indirect taxes 4.6.1 It is requested to clarify that whether adjustment is required to be made for sales return, discount or indirect taxes including GST for the purpose of collection of tax under sub-section (1H) of section 206C of the Act. It is hereby clarified that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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