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Section |
Applicable
Rules |
Nature of Payment |
Exemption & Limit |
Rate of Deduction for F. Y. 2009-10
(Ref. Note 1)
|
Procedure for Nil/Lower Deduction |
Sec. 200 Return Statement Form No./ Due
Date (Note 11)
|
TDS Certificate Form No./Due Date |
|
192 |
21A, 21AA,
26A, 26B,
30, 31, 31A |
Salary to any person |
a) Rs. 2,40,000 for senior citizen, Rs.
1,90,000/- for woman assessee and
31AB, 33 Rs.1,60,000 for others after considering
deduction u/ss. 16, 80C, 80CCC, 80D, 80DD, 80DDB, 80GG, 80E and 80U and
loss under the head 'Income
from House Property'
b) The employer has an option
not to deduct tax on non
monetary perquisites
provided to employee and
instead, pay it himself.
|
As applicable to individual Refer Part III
of 1st Schedule of Finance Act, 2009 |
|
Quarterly statement in Form No. 24Q/15th
July, 15th Oct., 15th Jan., 15th June (for last quarter ended 31st
March) |
F. 16 and 12BA/F.16AA Within 1 month from
the close of financial year. |
|
193 Refer Note 5 |
28, 28AA,
29C, 30,
31, 31A,
31AB |
Interest on Securities to any resident |
a) Rs. 2,500 for interest on debentures paid by a widely held company (to a resident individual).
b) Interest on any State or Central
Govt. Security
c) No tax is to be deducted on interest
payable
• To the Government,
• To the RBI,
• To LIC, GIC or any other
insurer
• To a corporation esta-
blished by or under
a Central Act which is
exempt from Income
Tax by virtue of any law
• To a mutual fund
specified u/s. 10(23D)
• On any securities
issued by a company
in a dematerialized form
listed on recognized
stock exchange in India
d) Rs. 10,000 for 8% savings
(taxable) Bonds, 2003
|
Cos.
Firms
Co-op.. Soc. Individual/HUF/ AOP/BOI |
10%
10%
10% 10% |
1. Senior Citizen can furnish declaration
in duplicate in Form 15H if the tax on the estimated income
of
Rs. Nil. Refer Note 4.
2. A person other than a company or a
firm can furnish declaration in duplicate in Form 15G where the
aggregate income does exceed the maximum amount not liable to tax Refer
Note 4
3. Payee can apply to the A.O. in Form
13. |
Quarterly statement in Form No. 26Q/ 15th
July, 15th Oct., 15th Jan., 15th June (for last quarter ended 31st
March) |
F. 16A
1. If income is credited on the date on
which accounts are made by the payer within 1 week after expiry of 2
months from the month in which income is credited
2. Any other case – within 1 month from
end of month of deduction
3. Where more than one certificate is
to be furnished, at the option of the payee, a consoli-dated certificate
within 1 month from the close of the financial year. |
|
194A |
28, 28AA,
29C, 30, 31,
31A, 31AB |
Interest (other than Interest on
Securities) to resident |
a) Rs. 10,000 where payer is a banking Co.
or Co-operative
Society engaged in Banking
Business, or in case of
Deposits with PO under a
scheme notified by Central
Govt. Rs. 5,000 in any other
case (in case of Bank Interest
and deposits with Housing
finance companies. Limit
will apply qua each branch)
b)
Individual & HUF – not
required to deduct tax.
(subject to Note 6)
c) W.e.f. 1-6-2007, Rs. 10,000
for interest on deposit under
Senior Citizens Savings
Scheme, 2004
d) No deduction required on
following interest payments:
i) Firm to partner
ii) On deposits with bank
made before 1-7-1995
iii) Co-op. Soc. to member
or other Co-op. Soc.
iv) Payment to UTI, LIC
or any other Insurance
company
v) Payment to financial
corporation established
under any Central,
State or Provincial Act.
vi) Central Govt. to
assessees on excess
tax paid
vii) Zero coupon bonds issued
by scheduled bank
|
Same as sec. 193 |
|
Same as sec. 193 |
Same as sec. 193 |
Same as sec. 193 |
|
194B |
30, 31, 31A,
31AB |
Winnings from lottery & crossword puzzles
including card game or other game of any sort to any person (including
winning in kind) |
Rs. 5,000 |
Dom.Cos., Firms
Non-Dom.Cos.
Co-op. Soc.
Individual/HUF/
AOP/BOI |
30%
30%
30%
30%
|
Not permissible |
Quarterly
statement in
Form No. 26Q/ 15th July, 15th Oct., 15th Jan., 15th June (for last
quarter ended 31st March) |
F. 16A
1) Within one month from
end of the month during
which credit has been
given or sum has been
paid
2) Where more than one
certificate is to be furni-
shed, at the option of the
payee, a consolidated
certificate within 1 month
from the close of the
financial year
|
|
194BB |
30, 31, 31A,
31AB |
Winnings from horse races to any person |
Rs. 2,500 |
As per S. 194B above |
|
Not permissible |
Quarterly
statement in
Form No. 26Q/
15th July, 15th
Oct., 15th Jan.,
15th June
(for last quarter
ended 31st March)
|
F. 16A As per S. 194B above |
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194C(1)Refer Note 5 & 10 |
28, 28AA
30, 31, 31A
31AB |
Payment to Resident
Contractors by
1. Central or State Govt. or
2. Local Authority
3. Corporation or
4. Company or
5. Co-op. Society or
6. Any authority for
housing accommo-
dation etc. or
7. Any society or
8. Trust or
9. Any Government of BOI 2%
foreign state or a foreign
enterprise or or
AOP (w.e.f. 1-10-2009)
10. University
11. Firm
12. Any individual or HUF
(See Note 6)
13. AOP
14. BOI
|
(i) Rs. 20,000 per credit/ payment and
(ii) Rs. 50,000 per Financial Year
|
Up to 30th Sept., 2009
1) Advertising Contracts
Cos., Firms
Co-op. Soc. Individuals/ HUFs/AOP/BOI
2) Other Contracts
Cos., Firms
Co-op. Soc.
Individuals/ HUFs/AOP/BOI
W.e.f. 1st October, 09
1) Cos. Firms
Co-op. Soc.
2) Individuals/ HUF/AOP/BOI |
1% 1% 1%
2%
2%
2%
1% |
Payee to apply in F.13 to the A.O. to
obtain certificate |
Quarterly statement in Form No. 26Q/ 15th
July, 15th Oct., 15th Jan., or 15th June (for last quarter ended
31st March) |
F. 16A As per S. 193 above. |
|
194C(2)Refer Note 5 |
28, 28AA
30, 31, 31A
31AB |
Payment to resident sub-contractors (by
above contractors)
(W.e.f. 1-10-2009, sub-
contractors are at par
with contractors)
|
As per S. 194C(1) |
Cos., Firms
Co-op. Soc.
Individuals/HUFs/ AOP/BOI |
1%
1%
1% |
Payee to apply in F. 13 to the A.O. to
obtain certificate |
As per S.194C(1) |
As per S. 193 above |
|
194D |
28, 28AA,
30, 31, 31A,
31AB |
Insurance commission to Resident |
Rs. 5,000 |
Companies
Firms
Co-op.Soc. Individual/HUF/
AOP/BOI |
10%10% 10%
10% |
Payee to apply in F.13 to the A.O. to
obtain certificate |
Quarterly statement in Form No. 26Q/ 15th July, –15th Oct., 15th Jan.,
15th June (See note 7) |
F. 16A As per (1) or (3) of S.193 above or
within 1 month from the close of the financial year
|
|
194E |
26, 30, 31,
31A, 31AB,
37A |
Payments to Non-resident sportsmen/sports association |
Not applicable |
Firm
Co-op. Soc. Individual/HUF/
AOP/BOI – |
10%10%10% |
Not permissible |
Quarterly
statement in
Form No. 27Q/
14th July,
14th Oct., 14th
Jan.,14th April
(See Notes 3 & 7)
|
F. 16A As per S. 193 above |
|
194EE |
29C, 30, 31,
31A, 31AB |
Payments of deposits under NSS to any
person |
Payments to heirs exempt. In any other
case less than Rs. 2,500 |
Firm
Co-op. Soc. For individuals/HUF |
20%20%20% |
If F.15G/F.15H is furnished by a
resident individual |
Quarterly
statement in
Form No. 26Q/
15th July,
15th Oct., 15th
Jan., 15th June
(See note 7)
|
F. 16A As per S. 194B above |
|
194G |
28, 28AA, 30,
31, 31A, 31AB |
Commission/
Remu-neration on sale of lottery tickets to any person |
Rs. 1,000 |
Cos. Firms,
Co-op.Soc. Individual/HUF/
AOP/BOI – |
10%10%10% |
Payee to apply in F.13 to the A.O. to
obtain certificate |
Quarterly
statement in
Form No. 26Q/
15th July,
15th Oct., 15th
Jan., 15th June
(See note 7)
|
F. 16A As per S. 193 above |
|
194H Refer Note 5 |
28, 28AA,
30, 31, 31A,
31AB |
Commission or Brokerage to a resident |
a) Individual & HUF – not required
to deduct tax(Subject to Note 6)
b) Rs. 2,500 p.a.
c) No deduction for
commission or brokerage
payable to BSNL & MTNL
to their PCO franchises
|
Cos. Firms
Co-op. Soc. Individual/HUF/ AOP/BOI |
10%10%10% |
Payee to apply in F. 13 to the A.O. to
obtain certificate |
Quarterly statement in
Form No. 26Q/ 15th July, 15th Oct., 15th Jan., 15th June (See note 7) |
F. 16A As per S. 193 above |
|
194-I |
28, 28AA
30, 31, 31A,
31AB |
Rents paid to any resident for Plant
Machinery, Equipment,
Rents paid to any resident for Land & Building, Furniture |
a) Individual & HUF – not required to
deduct tax(Subject to Note 6)
b)
Rs. 1,20,000 p.a.
c) No tax deduction if payee is
Government/Local Authority |
Up to 30-9-2009
Cos./Firms
Co-op. Soc. Individual/HUF/
AOP/BOI
W.e.f. 1-10-2009
Cos./Firms
Co-op. Soc.
Individual/HUF/
AOP/BOI
Up to 30-9-2009
Cos./Firms
Co-op. Soc.
Individuals/HUF/
AOP/BOI
W.e.f. 1-10-2009
Cos./Firms
Co-op. Soc.
Individuals/HUF/
AOP/BOI
|
10%
10%
10%
2%
2% 2%
20%20%15%
10%10%
10% |
Payee to apply in F. 13 to the A.O. to
obtain certificate |
Quarterly statement in Form No. 26Q/15th
July, 15th Oct., 15th Jan., 15th June (See note 7) |
F. 16A As per S. 193 above |
|
194J Refer Note 5 |
28, 28AA,
30, 31, 31A,
31AB |
Fees for professional or technical
services, Royalty and sum referred to in section 28(va) (i.e.,
non-compete & confidentiality payments)
paid to a resident
|
a) Individuals & HUFs are
not required to deduct tax
(Subject to Note 6)
b) Rs. 20,000 p.a.
|
Cos./Firms
Co-op. Soc. Individuals/HUF/
AOP/BOI |
10%
10%
0% |
Payee to apply in F. 13 to the A.O. to
obtain certificate |
Quarterly statement in
Form No. 26Q/15th July, 15th Oct., 15th Jan., 15th June
(See note 7) |
F. 16A As per S.193 above |
|
194LA |
28, 28AA, 30,
31, 31A, 31AB |
Compensation to
resident on acquisition
of certain immovable
property other than
specified agricultural
land
|
Rs. 1,00,000 p.a. |
Cos., Firms Co-op. Soc. Individuals/HUF/
AOP/BOI |
10%
10%
10% |
Payee to apply in F. 13 to the A.O. to
obtain certificate |
Quarterly statement in Form No. 26Q/15th
July, 15th Oct., 15th Jan., 15th June
(See note 7)
|
F. 16A As per S. 194B above |
|
195 Refer Note 5 |
26, 28, 28AA,
29B, 30, 31A,
31AB, |
Interest or other sums (other than
37A salary) paid to Non-
residents or to foreign companies (not being
dividends u/s. 55-O after 1-6-2003) |
— |
As per double taxation avoidance treaty or
as per Sch. 1, Part II to the Finance Act, 2008 whichever is beneficial
to the assessee |
|
1. Payee to apply in F. 13 to the A.O. to
obtain certificate
2. Payee to apply in F. 15C/15D to the
A.O. to obtain
certificate
3. Payer may apply to A.O. to determine
income component in payment for lower
deduction
|
Quarterly statement in Form No. 27Q/ 14th
July, 14th Oct., 14th Jan., 14th April (Refer Note 3) |
F. 16A As per S. 193 above |
Notes:
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Surcharge is applicable in
the case of foreign companies @ 2.5% if sum exceeds Rs. 1 Crore. Education
Cess (2%) and secondary and higher education cess (1%) are applicable only
in case of TDS in case of non-residents, foreign companies and on salary
paid to residents.
|
Nature of Activity
|
Salary |
Other than Salary
193, 194A, 194C, 194BB, 194D, 194E, 194EE, 194G, H, I, J, LA |
|
Time of Deduction |
When salary is paid |
When income paid or
credited to the account including interest “payable” or
“suspense” a/c whichever is earlier. |
|
Time
of deposit of tax (where deduction is made on behalf of the Government)
|
On same day |
On same day |
|
Time of deposit of
tax (where deduction is other than on behalf of Government) |
Within one week
from the
last day of the month in
which the deduction is made.
Quarterly deduction from
salary on June 15,
September 15,
December 15
and March 15
with prior approval of AO. |
If credited on the
date on which accounts are made, within two months from the end of
the month in which income is credited. Any other case, within one week
from the end of the month in which deduction is made. Quarterly
deduction from other interest, insurance commission or other commission
or brokerage on July 15, October 15, January 15 and April 15 with prior
approval from AO. |
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Where an income is credited by a person to an account of the non-resident
payee as on the last day of the accounting year, Form 27Q for that quarter
to be submitted within 14 days after the expiry of 2 months from the year
end.
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Copies of Form Nos. 15G and 15H received by the payer have to be filed with
the Chief Commissioner/Commissioner within 7 days of the succeeding month. A
declaration for non-deduction of tax u/s. 197A can be furnished by the
assessee only if his aggregate income is less than threshold limit. Senior
Citizens can file declaration if tax on their estimated total income is
likely to be NIL.
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Consequences of delay in payment of TDS
-
If the person responsible for deducting
and paying tax fails to do so, he shall be considered as an assessee in
default, liable to pay interest @ 12% p.a. on the amount of such tax
from the date on which such tax was deductible to the date of actual
payment, and penalty, not exceeding the amount of tax and rigorous
imprisonment ranging from 3 months to 7 years and fine. The interest
payment needs to be paid before filing of Quarterly Return.
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Disallowance due to non-deduction:
If tax deductible u/ss. 193, 194A, 194C, 194H, 194I, 194J and 195 is not
deducted/paid before applicable due dates, the relevant expenditure
otherwise allowable in computing total income of the payer would be
liable for disallowance u/s. 40(a)(i)/(ia). The deduction will be
allowed in the year in which TDS is paid. However in respect of TDS
deducted in the month of March, if the payment is made before the due
date for filing the return of income, there will be no such
disallowance. For details see section 40(a).
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An individual or a HUF, who was liable to tax
audit in the immediately preceding financial year shall be liable to deduct
income-tax u/ss. 194A, 194C(2), 194H, 194-I & 194J. Payments made by way of
fees which are exclusively for personal purposes will not attract provisions
of sec. 194J.
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Under Rule 31A where:
-
the deductor is an office of Government;
or
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the deductor is a company; or
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the deductor is a person required to get
his accounts audited under section 44AB in the immediately preceding
financial year; or
-
the number of deductees’ records in a
quarterly statement for any quarter of the immediately preceding
financial year is equal to or more than fifty, the person responsible
for the deducting tax at source, and the principal officer in the case
of a company shall deliver or cause to be delivered such quarterly
statements on computer media (3.5" / 1.44 MB floppy diskette or CD-ROM
of 650 MB capacity) along with Form 27A in paper format. In the case of
other deductors, filing such returns on computer media is optional.
(Also refer note 11 below)
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As per section 199, CBDT has been given the
power to prescribe rules for the assessment year for which the credit of tax
may be given and the manner in which such credit shall be given.
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With effect from 1-4-2010, in case where
deductee does not furnish PAN to the deductor following consequences may
arise.
-
Tax will be deducted at the higher of rate
specified in the relevant provisions, or rate in force or twenty per
cent.
-
Declaration u/s. 197A; i.e., declaration
in Form 15G or 15H as the case may be are not valid
-
Certificate of lower/nil deduction will
not be issued in case of such deductee.
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No TDS u/s. 194C on Transport Contractors if
PAN is given.
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W.e.f. 1-10-2009, statements are to be filed
periodically. The statements and periodicity are yet to be prescribed.
For TDS Jurisdiction (click
here)
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