TDS rate for Company Deductee for period April 09-Sep 09

2446 views 16 replies

What is the rate of TDS u/s 194A if the deductee is company from 01/04/2009 to 30/09/2009 and wether cess to be calculated on such amount?  

Replies (16)
TDS Rate Chart
Assessment Year : 2010-2011 Financial Year : 2009-2010
Particulars
Individual / HUF
Domestic Company / Firm
Criteria for Deduction
 
Nature of Payments
Section Code
Rate
Rate
 
1. Salary
192
As per the prescribe rates applicable to Individual / Women & Senior Citizens
2. Interest other than Interest on Securities
194A
10
10
Payment in excess of
Rs 5,000/- p.a.
3. Winning from Lotteries & Puzzles
194B
30
30
 
4. Payment to Contractors
194C
1a
2
Payment in excess of
Rs 20,000/- per contract or Rs. 50,000/- p.a.
4.1 Payment to Adverting / Sub Contractors
194C
1b
2b
5. Insurance Commision
194D
10
10
 
6. Commision & Brokerage
194H
10
10
Payment in excess of
Rs 2,500/- p.a.
7. Rent - Land & Building
194I
10c
10d
Payment in excess of
Rs 1,20,000/- p.a.
7.1 Rent - Plant & Machinery
194I
2e
2e
8. Professional Fees & Technical Services
194J
10
10
Payment in excess of
Rs 20,000/- p.a.
Please note that
1. Surcharge is only applicable in case of payment to foreign company when payment is more than 1 crore.
2. Education cess is applicable only in case of Salary TDS and in case of payment to non-resident or foreign company.

a. Before 01-10-2009 IT - 2
b. Before 01-10-2009 IT - 1
c. Before 01-10-2009 IT - 15
d. Before 01-10-2009 IT - 20
e. Before 01-10-2009 IT - 10

 

regards,

ratan

Cess is to be calculated up to July - 2009.

It's 20% and both cess and education to be calculated 

Its 20% and There is No Education Cess


It is a long drawn battle that the whether surcharge and education cess is not applicable on payments made before 01.10.2009

Surcharge and Cess on TDS is governed by Section 2(6), 2(11) and 2(12) of the Finance (No. 2) Act, 2009. These sub sections does not mention the effective dates. Hence reference has to be made to the Section 1(2) of the Finance Act which says that "save as otherwise provided in this Act, section 2 to 84 shall be deemed to have come into force on the 1st Day of 2009."
 
So on the date of passing of this act, which is 19.08.2009 section 2(6), 2(11) and 2(12) became applicable from 01-04-2009. So if any assessee has not deducted surcharge and cess prior to 19.08.09 also, then also he should not be an assessee in default for A. Y. 2010 - 11.

 

Thanks

But the information is given on saraltax.com is different what is the right rate of TDS on Company Please clarify

 

 

TDS Rates for 2009-10 [Non Salaries and TCS]
 
2009-10 (Oct-Mar)
 
2009-10 (Apr-Sep)
 
2008-09
     

TDS rates for Financial Year 2009-10 (From 01st April 2009 to 30th September 2009)

Form 26Q:

Section Nature of Payment Status Tax (%)
       
193 Interest on Debentures & Securities COMPANY 20
OTHERS 10
194A Other Interest
  •  > Rs. 10,000 for Banking Co’s , etc.
  •  > Rs.   5,000
COMPANY 20
OTHERS   10
194B Lottery/Crossword Puzzle > Rs.5,000   30
194BB Winnings from Horse Race > Rs. 2,500   30
194C(1) Payment to a contractor (in the case of advertising contracts)   1
194C(2) Payment to a contractor (other than an advertising contracts)   2
194C(3) Payment to a sub-contractor   1
194D Insurance Commission > Rs.5,000 COMPANY 20
OTHERS 10
194EE Withdrawal from NSS > Rs.2,500   20
194F Repurchase of Units by MF/UTI   20
194G Commission on Sale of Lottery Tickets > Rs.1,000   10
194H Commission or Brokerage > Rs.2,500   10
194I Rent > Rs.1,20,000 p. a.
           Rent of Plant & Machinery
  10
           Rent of Land, Building, Furniture, etc INDIVIDUAL /HUF 15
OTHERS 20
194J Professional or Technical Fess > Rs.20,000   10
194LA Compensation on Compulsory Acquisition of immovable property >Rs.1,00,000 during the financial year   10
Surcharge ( On Tax) Applicable for Companies/Firm. Also, Individual/HUF, if the total income exceeds or is likely to exceed Rs.10,00,000 10
Education Cess on Tax deducted Plus Surcharge 3

Thanks Aditya

But my submission is wether the tax deducted prior 01/10/2009 should be 10% or 20% with Cess where the deuctee is company.

rate is 20%. No doubt on that

Dear Yogesh,

TDS Rate will be deducted @ 20% as well as cess will be applicable.

regards,

ratan

TDS Rate will be 20% alongwith cess. our company also deducted tds on unsecured loan @ 20.60%.

regards,

ratan

20 %, BUT CESS IS NOT APPLICABLE................

Rate is 20%

Yes it ill be 20% as amendment is after 1/10/2009


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register