Section 206AB & 206CCA – Tax Deduction or Collection at Source For Not Filing of Income Tax Return

New sections were introduced in the Finance Bill, 2021 to deduct TDS (tax deducted at source)/ collect TCS (tax collected at source) at higher rates when the amount is paid to specified persons who have not filed their income tax returns. 

Section 206AB is inserted after section 206AA of the Income Tax Act. The latter provides for the deduction of TDS at higher rates for those who do not provide/furnish their Permanent Account Number (PAN). 
Similarly, section 206CCA for TCS is inserted after section 206CC of the Income Tax Act. Read on for a detailed explanation covering the recent CBDT circular no. 10/2022, the compliance check functionality and more.

What is Section 206AB and 206CCA?

Section 206AB– Deduct TDS at higher rates than usual when you make payments to those who have not filed their income tax return in the last year.
Section 206CCA– Collect TCS at higher rates than usual from the amounts received from buyers.

Rate of TDS Under Section 206AB or Rate of TCS Under Section 206CCA?

TDS under section 206AB

If payment is made to a specified person as mentioned above, then tax shall be deducted at source (TDS) at higher of below rates:

• 2 times the rate given in the Income Tax Act or Finance Act or
• 5%

If the person provides the PAN but has not filed the return for the last assessment year, the due date for filing has expired, and the aggregate of TDS or TCS in his case is Rs. 50,000 or more, then the above rate shall apply. Just to save from this, if he doesn’t provide the PAN, then tax shall be deducted at 20% or a much higher rate as per section 206AA.

TCS under section 206CCA

The tax shall be collected at source (TCS) on higher of the following: 

• 2 times the rate given in the Income Tax Act or Finance Act or.
• 5%

If the person provides the PAN but has not filed the return for the last assessment year and the due date for filing has been expired and the aggregate of TDS or TCS in his case is Rs. 50,000 or more then the above rate shall apply. Just to save from this, if he doesn’t provide the PAN then tax shall be collected at 20% or a much higher rate as per section 206CC. 

Illustration

A company makes a contract payment of Rs.80 lakhs to Mr P. The tax is deductible at 1%. But Mr P did not file his IT return for last year, and the due date for filing the return has expired.
Hence, when the company deducts tax in the FY 2023-24 and learns that the payee has not filed his ITR for the last year, the TDS should be deducted at higher of the following: 

• Twice the rate prescribed in the Act, i.e. 2% (2*1%), or
• 5%

Hence, the tax should be deducted at the rate of 5%.
Further, if Mr P does not give PAN, then TDS shall be deducted at the rate of 20%, which is higher than 5% 

Who is a Specified Person under Section 206AB

Specified Person is the one who:

• Has not filed the income tax return (ITR) for the preceding FY, and the income tax return (not belated return) filing due date has expired and
• Total amount of tax deducted or collected (TDS and TCS) in the last FY is Rs.50,000 or more.

Note: It does not apply to a non-resident who does not have a permanent establishment in India. Permanent establishment for this purpose includes a fixed place of business where the enterprise’s business is carried out wholly or partially. 

Applicability of Section 206AB

A higher amount of TDS shall be deducted on any type of transaction, such as contract payments, professional charges, rent etc., but excluding the following nature of payments:  

• Salary (Section 192) 
• Premature withdrawal of EPF (Section 192A)
• Winnings from any lottery or card games, or crossword puzzles (Section 194B)
• Section 194BB) 
• Income concerning investment in securitisation trust (Section 194LBC)
• Cash withdrawals (Section 194N)
• Non-residents who do not have a permanent establishment (PE) in India.

Union Budget 2022 further provides more transactions on which higher TDS cannot be deducted: –

• Consideration paid for the sale of immovable property (Section 194-IA)
• Rent payment to the landlord above Rs 50,000 (Section 194-IB)
• Payment for contractual or professional services above Rs 50 lakh (Section 194M)
• Transfer of virtual digital assets (Section 194S) to:
  • Individual or HUF, whose gross business turnover is less than Rs 1 crore or gross receipts from the profession are less than Rs 50 lakhs during the preceding financial year, or 
  • Individual/HUF who does not have ‘income from business or profession’.

Nature of Transactions on which these Sections are Not Applicable

The nature of the transaction can be any transaction excluding the following:

• TDS on Salaries u/s 192 
• TDS on the accumulated balance due to an employee u/s 192A
• TDS on winnings from lottery u/s 194B 
• TDS on winnings from horse rate u/s 194BB
• TDS on income in respect of investment in securitization trust u/s 194LBC
• TDS on payment of certain amounts in cash u/s 194N 

Non-applicability of Section 206CCA

TCS must not be collected at a higher amount from a non-resident who does have a fixed business place in India for carrying on business, i.e., who does not have a permanent establishment(PE) in India.