IT is 20% if the employee does not have PAN
Shriram Ramachandran
(IPCC Student CWA Inter & Processing officer in GNSA Infotech Ltd)
(492 Points)
Replied 30 April 2011
Hi Friends,
In this case it is 10%, but as per Income Tax Act 1961, It is 20% or Normal rate which ever is High which is applicable only for other section expect 192. So the TDS Rate will not change for the section 192 even Employee doesnot gives PAN.
Thanks,
R Shriram.
Athmaram
(Articled Assistant)
(170 Points)
Replied 30 April 2011
As per Circular No 8/2010 dated 31.12.2010
If the deductee (employee) fails to furnish PAN number then TDS need to be deducted at the rate of 20%
Please refer to para 4.8 of the Attachment
Thanks & Regards
Ram.
Ritesh Jain
(CA, CS in Job)
(675 Points)
Replied 30 April 2011
Upto basic exmeption limit not required but in case it is above that limit then tax shall be deducted at the higher of the following rates, namely:—
(i) at the rate specified in the relevant provision of this Act i.e as per calculation; or
(ii) at the rate or rates in force i.e calculated rate; or
(iii) at the rate of twenty per cent.
MOHAN JAIN
(Chief Financial Officer)
(31 Points)
Replied 30 April 2011
Ankit Kukreja
(Student)
(40 Points)
Replied 30 April 2011
Originally posted by : Shriram Ramachandran | ||
Hi Friends, In this case it is 10%, but as per Income Tax Act 1961, It is 20% or Normal rate which ever is High which is applicable only for other section expect 192. So the TDS Rate will not change for the section 192 even Employee doesnot gives PAN. Thanks, R Shriram. |
No where in the Income Tax Act'1961 has this written that this rule doesn't considers Sec.192, it is the rate of TDS as per the respective section or 20% whichever is higher, in the above case the higher rate is 20%, therefore TDS will be deducted @ 20% only.
srinivasan
(service)
(898 Points)
Replied 30 April 2011
You cannot apply directly 20% for TDS on salary u/s 192 where the PAN is not available.
a. First arrive at the gross taxable salary. Then give the deductions for loss from house property and Chapter VI A if any and arrive the net taxable income.
b. On this net taxable income calculate tax as per the normal provisions (ie. exemption upto 1.8 lakhs and balance as per slab rates ).
c. On the net taxable income calcualate the tax by applying 206AA i.e. 20% (without giving basic exemption limit which is applicable for individuals)
d. TDS shall be the amount calcualted as per (b) or (c) which ever is higher.
However in the case if the net taxable income arrived under (a) above is Nil then there is no requirement of PAN. Otherwise tds would have to be calculated as per (d) above
CA Rohit Gupta
(Partner)
(1982 Points)
Replied 02 May 2011
Suppose Net taxable income of the employee is 20 lakhs and he does not provide his pan to the employer then at what rate TDS should be deducted since if we deduct @ 20% his tax liability shall be 4 lakhs and if we apply normal TDS provisions u/s 192 his tax liability shall be Rs. 360000 + Rs. 92000 i.e. Rs. 452000/=.
My question is what should be the applicable TDS provision in such case?
If we apply normal TDS provision u/s 192, it will affect employer's TDS return so what is the use of penal provision of 20% u/s 206AA?
U S Sharma
(glidor@gmail.com)
(21063 Points)
Replied 02 May 2011
@ Rohit Gupta
20% provision is made by the department for the persons who try not to show the income in their taxable entity, and for small amount of 1% to 10% TDS they dont like to add these incomes in their taxable income, they dont provide pan and enjoy
now department's step to make deduction of 20% in place of 1 to 10% will force them to submit their pan.
now your query
if the 20 lacs salary holder does not furnish pan, then his TDS would be 20% - apart from it he will not be eligible for credit of tax when filing his return , means double axe of incometax..................
Ankit Kukreja
(Student)
(40 Points)
Replied 03 May 2011
Originally posted by : U S Sharma | ||
@ Rohit Gupta 20% provision is made by the department for the persons who try not to show the income in their taxable entity, and for small amount of 1% to 10% TDS they dont like to add these incomes in their taxable income, they dont provide pan and enjoy now department's step to make deduction of 20% in place of 1 to 10% will force them to submit their pan. now your query if the 20 lacs salary holder does not furnish pan, then his TDS would be 20% - apart from it he will not be eligible for credit of tax when filing his return , means double axe of incometax.................. |
I completely disagree with the final answer, sir as per Income Tax Act'1961, it is clearly written that for the person who doesn't provides PAN, TDS would be charged at the respective section rate or 20% whichever is higher. Since the rate as per Sec.192 is higher in this case..TDS would be deducted at that rate only not 20%. Penal provisions in no way will give relaxation from tax.
srinivasan
(service)
(898 Points)
Replied 03 May 2011
Mr. Rohit the TDS deduction for 20lakhs salary cannot happen @ flat rate of 20% because the deduction u/s 206AA is the higher of the following three:-
1. 20%
2. Rate in force
3. Rate prescribed
Therefore even the amount which you deduct would be as per rate in force for sec.192, the deduction will fall u/s 206AA (in cases where the PAN is not available). Hence there is no question deduction @ 20% when it is lower than the rate specified u/s 192.
Also note that one will not be able to file his return without a PAN therefore there is no question of having a double axe of income tax. However one has to note that he might attact for penalty for non-filing of return of income if he does not file the returns. Therefore it become imminent on part of the employer to advice such employees to obtain PAN in advance to avoid such complications.
MUKESH SHARMA
(B.Com , MBA, CS*)
(108 Points)
Replied 09 May 2011
There is no need to Provide PAN in your Case for the F.Y. 2010-11 Salary, But in Next i.e. F.Y. 2011-12 you will Provide the PAN. As may be your salary Hike in Good %.
And 20% in Case of Not Provide the PAN.
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India