TDS

IPCC 446 views 1 replies

 

Tax Deducted as Source (TDS)

Nature of Payment
Person from whose income tax is being deducted. (assessee)
Person liable for deducting tax
Exemption Limit
Time of deduction
Rate
(plus surcharge plus education cess plus SAH)
Deduction at lower rate
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Salary
 (section 192)
Employee
Employer
Taxable minimum
i.e. Rs.1,10,000 or 1,45,000 or 1,95,000
At the time of payment
Average of income tax computed on the basis of the rates in force.
Allowed
Interest on securities (section 193)
A resident person holding securities
Payer of interest
Exempt categories listed, monetary limit of Rs. 2,500 for the entire P/Y in case of listed debentures if paid by account payee cheque; otherwise no minimum.
At the time of payment or credit whichever is earlier.
Non corporate assessee
o    10% - listed debentures
o    20% - non listed debentures
Corporate assessee – 20%
Allowed
Interest other than interest on securities (section 194A)
Resident person
a)      other than Individual/ HUF – always
b)      for Individual/ HUF – only if a/c were audited in the preceding financial year.
Rs. 10,000 by banks and co-operative societies and Rs. 5,000 by others
-do-
Non corporate assessee – 10%
Corporate – 20%
Allowed
Winnings from lotteries or crossword puzzles and horse races
(section 194B and 194BB)
Any person
Person paying winnings from crosswords, lotteries or race horses
In case of lotteries, crosswords - Rs. 5,000
In case of race horses – Rs. 2,500
At the time of payment
30%
Not Allowed
Payment to Contractor/
Sub contractors
(section 194C)
Resident contractor/ sub contractor
a) other than Individual/ HUF – always
b) for Individual/ HUF – only if a/c were audited in the preceding P/Y
Rs. 20,000 per payment or Rs. 50,000 for the financial year.
At the time of payment or credit whichever is earlier
Payment made to contractor
o     1% - advertising works
o     2% - others
Payment to sub contractor – 1%
Allowed
Insurance commission (section 194D)
Resident person
Any person paying insurance commission
Rs. 5,000
-do-
Non corporate assessee – 10%
Corporate – 20%
Allowed
Commission on sale of lottery tickets (section 194G)
Any person
Any person paying commission on sale of lottery tickets
Rs. 1,000
At the time of payment or credit whichever is earlier.
10%
Allowed
Commission or brokerage
(section 194H)
Any resident person
a)   other than Individual/ HUF – always
b)   for Individual/ HUF – only if a/c were audited in the preceding financial year
Rs. 2,500
-do-
10%
Allowed
Rent
(section 194I)
Any resident person
-do-
Rs. 1,20,000 for the previous year
-do-
Rent of P/M – 10%
Rent of L/B or F/F
Recipient is HUF/ Ind – 15%
Others – 20%
Allowed
Fees for professional or technical services (section 194J)
Any resident person
-do-
Rs. 20,000
-do-
10%
Allowed

Replies (1)

 

Common Provisions:-
1.      Notax shall be deducted if the payment is made toGovernment, RBI, Mutual Fund specified u/s 10(23D) or any corporation established under a Central Act.
2.      The person liable for deducting tax has to apply for TAN (tax deduction and collection account number).
3.      Certificate of TDS is given in Form 16A for incomes other than salary income. Whereas in case of salary income certificate is given in Form16.
4.      All sumsdeducted under the above provisions will be deemed to be the incomereceived.
5.      The tax deducted shall be treated as the tax paid by the assessee and he shallgetcredit of the tax deducted provided he furnishes the certificate issued to him.
6.      Where the income is received for an assetheldjointly by two or more persons, credit of tax deducted shall be given to all the holders in the same proportion in which they shared the income.
7.      As per Section 200, the person deducting the tax is responsible
(a)   to deposit the tax with the Central Government in the following manner:-
®     In case government is the person liable
to deduct tax                                                                        same day
®     In other cases                                                                        within one week from the end of the month in which tax is deducted.
(b)   to submit quarterlystatements, in prescribed form, for the quarters ending in June, September, December and March.
(c)    the statement should set forth such particulars as may be prescribed.
(d)   if there is any default in furnishing the statement, a penalty of Rs. 100 per day would be attracted for the period for which the default continues.
8.      As per Section 201
®    if the personliable to deduct tax failstodeduct or paytax so deducted,
®    he shall be liable to pay interest @ 12% p.a. on the amount of tax from the date on which such tax was deductible till the date on which such tax is actually paid.
®    Such interest shall be paid before furnishing a quarterly statement for each quarter.
®    Where the tax has not been paid after it is deducted, the amount of tax along with the interest shall be a charge upon all the assets of the person liable to deduct tax.
9.      As per Section 197
®    assessee can make an application to AO for deduction of tax at a lowerrateorfornon-deduction of tax.
®    If AO is satisfied that his application is justified he may give assessee such certificate.
®    Once the assessee furnishes the certificate, the person liable to deduct tax shall deduct tax at a lower rate or deduct no tax, as the case may be, until the certificate is cancelled by AO.


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