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Special provision for deduction of tax at source for non-filers of Income Tax Return

  • Section 206AB For TDS
  • Section 206CCA For TCS
  • Effective Date: 01st July 2021
  • Effective Assessment Year: 2022-23

Introduction

  • The Finance Budget was presented on 1st Feb 2021 by our Hon'ble Finance Minister.
  • Several amendments in various sections of the Income-tax legislations were proposed.
  • Out of all the above proposals, one amendment which caught special attention was the introduction of TDS/TCS at higher rates in case of non-filers of Income-tax returns
TDS under Section 206AB

What is Sec 206AB?

  • Where tax is required to be deducted on any sum or income or amount paid under Chapter VIIB except as specified by a person to a specified person, TDS shall be deducted at higher of (i) at twice the rate in relevant provisions (ii) at twice the rate in force (iii) at 5%
  • Applicable for payments made or sums or income on or after 1st Jul, 2021(previous year 2021-22)
  • Relevant two previous year shall be 2019-20 and 2020-21
 

Applicability of section 206AB on various sections under Chapter XVIIB

Sections excluded under Chapter XVIIB

  • 192- TDS on Salary
  • 192A- TDS on payment of accumulated balance due to an employee
  • 194B- TDS on winnings from lottery or crossword puzzle
  • 194BB- TDS on winnings from horse race
  • 194LBC- TDS on income in respect of investment in securitization trust
  • 194N- TDS on payment of certain amounts in cash

Sections included under Chapter XVIIB

  • All other sections which are specifically excluded
 

Definition of Specified Person

  • Not filed the returns of income for both of the two assessment years immediately prior to the previous year in which tax is required to be deducted, and 
  • Time limit of filing return of income u/s 139(1) has expired; and
  • Aggregate of tax deducted & collected at source is rupees >=50,000 in each of these two previous years

Note: In order to calculate the applicability for TDS/TCS>=50,000 u/s 206AB/206CCA, both TDS and TCS credits should be aggregated. This is a drafting error in the opinion of author as TCS is governed and regulated u/s 206CCA read with 206C. One cannot deduct TDS on amounts/incomes/sums on which TCS is applicable.

Double Taxation

To increase the taxpayer base in the country, the non-filers are now obligated to file income-tax return. 

Further, the same income would be taxed at two different points of time:

(i) at the time of payment or credit
(ii) at the time of determination of non-compliance

Higher TDS

  • at twice the rate specified in the relevant provision of the Act; or
  • at twice the rate or rates in force; or
  • at the rate of five per cent.

To read the full article, find the enclosed file


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Category Income Tax, Other Articles by - Sashank Saxena 



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