Tax Collection at Source (TCS) – Lower Rate Provisions [Section 206C (9), (10), (11) and Rules 37G and 37H]

Here’s a structured overview of Collection of Tax at Lower Rate under Section 206C(9), (10), (11) and Rules 37G & 37H:

 (For specified goods like scrap, minerals, timber, etc.)

PROVISION KEY FEATURE PROCEDURE DOCUMENTATION VALIDITY
Section 206C(9) Allows collector to apply for lower/nil TCS rate File application to Assessing Officer (AO) Submission of financials & tax liability proof FY-specific
Section 206C(10) AO may issue certificate for lower/nil TCS AO examines applicant’s tax compliance Certificate mentions applicable rate As specified by AO
Section 206C(11) Conditions for certificate issuance Must demonstrate lower tax liability Previous years’ ITRs, current year estimates
Rule 37G Application format for lower TCS Form 13D (for seller/collector) PAN, turnover details, tax computation
Rule 37H Certificate format Form 13E (issued by AO) Specifies goods, rate, validity period Typically 1 FY

Practical Implications:

  1. Eligibility: Available when actual tax liability is lower than standard TCS rate
  2. Process:
    • Seller files Form 13D with jurisdictional AO
    • AO verifies past compliance and current estimates
    • If approved, issues Form 13E specifying reduced rate
  3. Compliance Requirements:
    • Maintain separate records for such transactions
    • File quarterly returns reflecting certificate details
    • Re-apply annually as certificates expire March 31
  4. Recent Updates:
    • E-application process now available via TRACES portal
    • Stricter scrutiny for mining and scrap dealers
    • Shorter processing timelines (30 days) for manufacturing units

Example: A timber merchant with ₹15 crore turnover gets certificate for 0.5% TCS (vs standard 2.5%) by demonstrating consistent tax payments below this rate.

Penalties:

  • Misuse of certificate → Revocation + penalty under Section 271(1)(c)
  • Non-reporting → ₹10,000 per instance under Section 271H

Pro Tip: Combine with Form 27C (buyer declaration) for maximum benefit in manufacturing supply chains.

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