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Microlesson · 5-min read

Section 206CC - Higher TCS Rate for Non-furnishing of PAN

# Section 206CC: Consequence of Not Furnishing PAN to Collector

## What it Mandates

When the collectee fails to furnish PAN to the collector, TCS must be collected at the higher of:

1. Twice the rate specified in the relevant provision of the Act, OR

2. 5%

## Cap

The maximum rate of TCS under this section shall NOT exceed 20%.

## Non-applicability

Section 206CC does NOT apply to a non-resident who does not have a PE in India.

Worked example

### Example 1

Example: A scrap buyer doesn't furnish PAN. Normal TCS rate = 1%.

  • Higher of: 2 × 1% = 2% vs. 5% = 5% → TCS at 5%.

### Example 2

Example: Tendu leaves buyer without PAN. Normal rate = 5%.

  • Higher of: 2 × 5% = 10% vs. 5% = 10% → TCS at 10%.

### Example 3

Example: Overseas tour buyer remits ₹50L without PAN. Normal rate would be 20% on excess.

  • Higher of: 2 × 20% = 40% vs. 5% = 40%; BUT capped at 20%.

### Example 4

Example: Non-resident with no PE in India remits funds via LRS but doesn't provide PAN.

  • Section 206CC NOT applicable → normal rate continues.

⚠️ Common exam mistakes

  • Forgetting the 20% cap on the higher rate, leading to inflated TCS.
  • Applying 206CC to non-residents without checking PE status.
  • Confusing 206CC with 206AA (TDS) — the TCS variant uses 'twice the rate' or 5%, not the same as 206AA.
Bare-Act text Section 206CC · Income-tax Act, 1961 · click to expand
Section 206CC: Notwithstanding anything contained in any other provisions of this Act, any person paying any sum or amount, on which tax is collectible at source under Chapter XVII-BB (collectee) shall furnish his Permanent Account Number to the person responsible for collecting such tax (collector), failing which tax shall be collected at the higher of the following rates, namely:- (i) at twice the rate specified in the relevant provision of this Act; or (ii) at the rate of five per cent. Provided that the rate of tax collection shall not exceed twenty per cent.
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