PENALTY FOR LATE PAYMENT OF TAX COLLECTED AT SOURCE
Basic provisions relating to due date of payment of TCS to the credit of Government
Section 206C gives various items on which tax is to be collected at source. The tax so collected is to be paid to the credit of the Government within a period of 7 days from the last day of the month in which the tax is collected at source. Where it is collected by an office of the Government then it shall be paid to the credit of the Central Government on the same day.
Interest for failure to collect tax at source/delay in payment of TCS
As per section 206C(7), if the person responsible for collecting tax does not collect the tax or after collecting the tax fails to pay it to the credit of Government within the due date prescribed in this regard, then he shall be liable to pay simple interest at the rate of 1% per month or part thereof on the amount of such tax. Interest shall be levied for a period from the date on which such tax was collectible to the date on which the tax was actually paid.
Interest in case if the buyer or licensee or lessee has paid the tax
As per section 206C(6A), a payer who fails to collect whole or any part of the tax at source is treated as an assessee-in-default. However, by virtue of proviso inserted to section 206C(6A) by the Finance Act, 2012 with effect from 1-7-2012 a collector who fails to collect the whole or any part of the tax at source (other than TCS on jewellery/bullion) shall not be deemed to be an assessee-in-default in respect of tax not collected by him, if the buyer or licensee or lessee from whom tax is to be collected satisfies the following conditions:
- Has furnished his return of income under section 139.
- Has taken into account such amount for computing income in such return of income.
- Has paid the tax due on the income declared by him in such return of income.
- Has furnished a certificate to this effect from an accountant in such Form No. 27BA
In other words, in case of non collection of tax at source or short collection of tax, if above conditions are satisfied, than the person responsible to collect tax at source will not be treated as an assessee-in-default in respect of tax not collected or short collected by him.
However, in such a case, even if the person responsible to collect tax at source is not treated as an assessee-in- default, he will be liable to pay interest under section 206C(7). Interest shall be payable from the date on which such tax was collectible to the date of furnishing of return of income by such buyer or licensee or lessee. Interest in such a case, will be levied at 1% for every month or part of a month.
Non filing of TCS statement without payment of interest
Every collector has to furnish quarterly statement in respect of tax collected by him i.e., TCS return. As per section 206C(7), interest for delay in payment of TCS should be paid before filing the TCS return.