Tax Deduction at Source
Learn the basics of TDS

 

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Disclaimer:

The information given is to convey the general understanding of TDS and TCS provisions. For detailed information Income Tax Act 1961 shall be consulted. The changes in the Act may be incorporated in the information as and when required. 

Overview of TDS

TDS is one of the modes of collection of taxes, by which a certain percentage of amounts are deducted by a person at the time of making/crediting certain specific nature of payment to the other person and deducted amount is remitted to the Government account. It is similar to "pay as you earn" scheme also known as Withholding Tax in many other countries, one of the countries is USA. The concept of TDS envisages the principle of "pay as you earn". It facilitates sharing of responsibility of tax collection between the deductor and the tax administration. It ensures regular inflow of cash resources to the Government. It acts as a powerful instrument to prevent tax evasion as well as expands the tax net.

Who shall deduct tax at source?

Every person responsible for making payment of nature covered by TDS provisions of Income Tax Act shall be responsible to deduct tax.

However in case of payments made under sec. 194A, 194C, 194H, 194I and 194J in respect of individual and HUF, only if the turnover or professional receipt exceeds sum of Rs. 40 lakh or Rs. 10 lakh respectively (the limits will be Rs.60 Lakh or Rs. 15 Lakh respectively w.e.f. 01.07.2010) in previous year, he is required to deduct tax at source.

These persons are mainly:

- Principal Officer of a company for TDS purpose including the employer in case of private employment or an employee making payment on behalf of the employer.

- DDO (Drawing & Disbursing Officer), In case of Govt. Office any officer designated as such.

- In the case of "interest on securities" other than payments made by or on behalf of the Central govt. or the State Government, it is the local authority, corporation or company, including the Principal Officer thereof.

Such person is called Deductor while the person from whom the tax is deducted is called Deductee.

Tax must be deducted at the time of payment in cash or cheque or credit to the payee's account whichever is earlier. Credit to payable account or suspense account is also considered to be credit to payee's account and TDS must be made at the time of such credit.

 

 

 

What a deductor must do?

1Obtain TAN

Every deductor is required to obtain a unique identification number called TAN (Tax Deduction Account Number) which is a ten digit alpha numeric number e.g.DELH90468K.

This number has to be quoted by the deductor in every correspondence related to Income Tax matters concerning TDS.

2He/She should obtain PAN of the deductee.

3He/She should deduct the tax at correct rate.

4The tax deducted has to be deposited in the designated banks within specified time. (Govt. deductors shall transfer the tax deducted through book entry in Government account).This is detailed below:

▬ By or on behalf of the Government  : on the same day,

▬ By or on behalf of any other person : before the 7th of the following month.

However, if the amount is credited in the books on 31st March then the tax should be remitted by 31st May.

Note: w.e.f., 01.04.2008 electronic payment of tax has to be done by all corporate assesses and all persons whose cases are auditable under section 44B.

5Use challan no. 281 for depositing TDS amount.

6File statements of tax deduction in the prescribed time.

The due dates for filing of TDS/TCS statement are :

15th of July for Quarter 1,

15th of October for Quarter 2,

15th of January for Quarter 3 and

15th June for last Quarter however for TCS statements the due date is 30th April.

7Use correct form to file TDS/TCS Returns. They are:

Form 24Q        for salaries

Form 26Q        for non salaries

Form 27EQ      for TCS

Form 27A/27B Control sheet for electronic TDS/TCS

It may be noted that the following persons have to compulsorily file e-TDS /e-TCS statements

Dos & Dont's for filing TDS Returns

Dos

Dont's

 The process of filing of e-TDS /e-TCS returns is available in detail at following websites www.incometaxindia.gov.in or http://tin-nsdl.com.

8. Issue TDS certificates as per existing procedure and within the time prescribed as stated below:

The certificate should be issued within one month from the end of the month in which the income is credited however for credit entries made on 31st March, due date is 7th June,  except in the case of salary where the certificate has to be issued by 30th of April of the following financial year in which the income was credited.

9. File e-TBAF (In case of Govt. DDO's where TDS is credited in Central Govt. account through book adjustments)

  

 

 

Procedure

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TAN

Every deductor is required to obtain a unique identification number called TAN (Tax Deduction Account Number) which is a ten digit alpha numeric number. This number has to be quoted by the deductor in every correspondence related to TDS.

Format of TAN:

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Procedure for getting TAN : 

It can be obtained by filing an application in form no. 49B to any of the TIN facilitation Centres (TIN-FC) namely NSDL. Addresses of the TIN-FC as well as the forms can be downloaded from the website www.incometaxindia.gov.in or http://tin-nsdl.com. The fee for processing TAN application is Rs.  60/-. This can be paid by:

▬   Cash at TIN-FC counter

▬   Demand draft or

▬   Cheque or

▬   Credit card

The demand draft/ cheque shall be in favour of 'NSDL-TIN'.

TAN number will be communicated to the deductor by NSDL.

 

 

 

Nature of payments attracting TDS and rates thereon:

Salary

DDOs must calculate the tax payable by an employee for the year and start deducting tax at average rate. The term salary includes wages, any annuity or pension, gratuity, any fees, commission, perquisites or profits in lieu of or in addition to any salary or wages. (These payments are covered under sec. 192 of the Income Tax Act 1961). The income from salaries is required to be computed on estimated basis  at the beginning of each financial year, taking into account salaries or remuneration paid or allowed. Income Tax payable on the basis of such estimated salary income should be deducted at the rate applicable to the corresponding slab of income every month in equal instalments subject to adjustments depending upon tax saving investments made by the deductee.

When an employee is working with more than one employer simultaneously or has changed employment from one employer to another during the relevant financial year, the employer will deduct tax on considering the aggregate salary from all sources and tax deducted thereon, if any.   

 

Interest on securities/Dividends/Interest/Insurance commission-

The tax has to be deducted @ 20% for domestic companies and 10% for others with some basic exemption limits, in the case of interest if the amount of interest is up to Rs. 5000/- during a financial year. however, in the case of interest paid by a banking company, Co-operative society engaged in the business of banking and a public company engaged in the financing or construction of residential houses in India, this limit is Rs. 10000/-.

(These payments are covered under sec. 193, 194, 194A& 194D of the Income Tax Act 1961 resp.).

 

Winning from lottery, puzzle or games of any sort-

The DDO/deductor must deduct tax @ 30% on any payment above Rs. 5000/-.

(However from 1st July 2010,the DDO/deductor must deduct tax @ 30% on any payment above Rs. 10000/-)

(These payments are covered under sec. 194B of the Income Tax Act 1961).

 

Winning from horse races-

The DDO/deductor must deduct tax @ 30% on any payment above Rs. 2500/-.

(However from 1st July 2010,the DDO/deductor must deduct tax @ 30% on any payment above Rs. 5000/-).

(These payments are covered under sec. 194BB of the Income Tax Act 1961).

 

Contracts (including work land labour contract)  -

The tax has to be deducted @ 2% on contract payments and 1% for subcontract and advertisement contract payments. The tax is required to be deducted if a single payment exceeds Rs. 20000/- or if the aggregate payments exceed Rs. 50000/- per annum.

(However from 1st July 2010, Rate of deduction is @ 2% on all contract payments including subcontract and advertisement contract payments. The tax is required to be deducted if a single payment exceeds Rs. 30000/- or if the aggregate payments exceed Rs. 75000/- per annum).

(These payments are covered under sec. 194C of the Income Tax Act 1961).

 

Insurance commission-

Any person responsible for paying to a resident any remuneration or reward whether by way of commission or otherwise, for procuring insurance business is required to deduct tax @ 20% for companies and 10% for other person if the amount credited or paid is more than Rs. 5000/- in a financial year.

(However from 1st July 2010, any person responsible for paying to a resident any remuneration or reward whether by way of commission or otherwise, for procuring insurance business is required to deduct tax @ 20% for companies and 10% for other person if the amount credited or paid is more than Rs. 20000/- in a financial year).

 

Payments to Non residents sportsmen or sport association.-

The tax has to be deducted @10% on making any payment.

(These payments are covered under sec. 194E of the Income Tax Act 1961).

 

Commission on sale of lottery tickets and on brokerage-.

The tax has to be deducted @10% with some basic exemption.

(These payments are covered under sec. 194G & 194H of the Income Tax Act 1961).

 

Rent-

Any amount paid as rent above Rs. 120000/- per year will attract TDS provisions @ 10% for Individual & HUF and 20% for others. (TDS will be 2% for the use of any machinery or plant or equipment).

(However from 1st July 2010, any amount paid as rent above Rs. 180000/- per year will attract TDS provisions @ 10% for Individual & HUF and 20% for others).

(These payments are covered under sec. 194I of the Income Tax Act 1961).

 

Fees for professional or technical services/royalty/Income on units of mutual funds/compensation on acquisition of certain immovable assets-

The tax has to be deducted @10% with some basic exemption limits.

(These payments are covered under sec. 194J, 194K & 194LA of the Income Tax Act 1961).

 

Payment on Acquisition of certain immovable property-

Any amount above Rs. 100000/- paid as compensation or enhanced compensation on account of compulsory acquisition under any law in force, of any immovable property other than agricultural land will attract TDS provisions @ 10%.

The rates of TDS for representative purpose (in effect till 30.06.2010):

For Salaries:

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For other payments:

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Following changes shall be applicable w.e.f. 01.07.2010 till 31.03.2011:

For Salaries:

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For other payments:

 

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Non deduction or deduction at lower rate in certain situations

No Tax has to be deducted for the payment made to Government, RBI, Corporation whose income is exempt from tax or mutual fund specified u/sec. 10(23D). Also in case where deductee produces a non deduction certificate or lower deduction certificate u/sec. 197 of the Income Tax Act 1961.

Self declaration in Forms 15G and 15H can be filed by the deductee if his income doesn't exceed the amount chargeable to tax. This self declaration can be filed for dividends, interest and mutual fund income only. In these cases no tax has to be deducted. However the tax deductor is required to furnish copies of this self declaration to the concerned CCIT or CIT as per the rules.

  

 

 

Dos and Dont's for Depositing Tax

Dos

All details of the payment as uploaded by the banks are available at the NSDL- TIN website www.tin-nsdl.com under the link "challans status enquiry".  Deductor should verify the details for ensuring the credit for payments.

Through the TAN Based View details of all challans deposited in the banks for a given TAN during a specified period can be viewed. 

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(The challan data file can also be downloaded for verification of challan data entered at the time of preparation of e-TDS returns.)

Dont's

 

 

 

TDS defaults

Failure to deduct the whole or part of the Tax at source (non-deduction, short deduction or delay in deduction)

1. Failure to deposit whole or part of the TDS (non-deposit, short deposit or late deposit)

2. Failure to apply for TAN within the prescribed time limit or failure to quote TAN on allotment as required under section 203A.

3. Failure to furnish, in due time, TDS returns or TDS certificates or to deliver or cause to be delivered a copy of declaration in form no. 15H/15G/27C/copy of quarterly statement.

4. Failure to mention the PAN of the deductee in all quarterly statements as well as in all certificates furnished.

Consequences of Defaults

The following chart indicates the nature of default and its consequences which range from penal interest, penalty to prosecution:

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In addition to the above, there are other consequences in certain cases, as enumerated below;

▬   Disallowance of specified expenditure (while computing the income of the deductor) if TDS is not deducted from the payment. (Section 40a(ia)).

▬   Where the tax has not been paid after its deduction it shall be charge on the asset of the defaulter to recover the amount of TDS. (section 201(2)).   

  

 

 

TAX COLLECTED AT SOURCE (TCS)

What is TCS?

The seller has to collect tax from the payer who has purchased the following items :

The TCS on the above mentioned items vary from 1% to 5%

Deposit of TCS amount- within seven days of the following month.

Issue of TCS certificate- within in one month of collection /debit(form 27D)

The rates of TCS for representative purpose (Financial Year 2010-11):

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Disclaimer

Please note :

The information given above is to convey the general understanding of TDS and TCS provisions. For detailed information Income Tax Act 1961 shall be consulted. The changes in the Act may be incorporated in the information as and when required.

  

 

 

Various Online Services of Income Tax Department

The Income Tax Department (ITD) as a part of its citizen centric activities is providing a host of online services to the taxpayers services through various websites so that a taxpayer can fulfil his routine tax obligations.

Following services are being provided:

(i)  Dissemination of tax related information through websites

(ii) Dissemination of taxpayer specific information

(iii) PAN and TAN related services

(iv) e-filing of returns of income

(v) e-payment of taxes

(vi) e-filing of TDS returns

 

 

Dissemination of tax related information

                        

Information about tax laws, procedures etc. is now available on various websites.

  • www.incometaxindia.gov.in
  • https://incometaxindiaefiling.gov.in.
  • www.incometaxindiapr.gov.in
  • www.tin-nsdl.com

 

·      These sites contain -

* Acts and Rules

* Procedures

* Circulars & Notifications

* Rates of tax

* Deductions & exemptions

* Jurisdictions

* FAQs

* Downloadable Forms

* Guidelines and Return preparation software for e-filing of income tax returns.

* Facility for filing of e-returns

* Guidelines and Return preparation software for e-filing of TDS returns.

* Facility for direct upload of TDS returns

* Various internet based views for giving feedback to taxpayers

·     E-Tutorials available at www.incometaxindiapr.gov.in

 

 

 

 

Dissemination of taxpayer specific information

 

 

 

PAN /TAN ONLINE SERVICES

 PAN related services

Applications for allotment of PAN or for changes in PAN data can be made to NSDL or UTIISL who have set up facilities in over 500 cities for receiving PAN applications.

Filing applications online

PAN applications can be filed on line at www.tin-nsdl.com and http://utiisl.co.in

 

Tracking PAN applications

Status of PAN applications can be tracked respectively at www.tin-nsdl.com and www.utiisl.co.in.

 

Online application for new PAN cards or corrections in PAN

Applications for new PAN cards can be filed on line at www.tin-nsdl.com and www.utiisl.co.in

Know your PAN

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Facilitates verification of PAN allotted to taxpayer. Available at https://incometaxindiaefiling.gov.in

 

 

 

TAN related services

Applications for allotment of TAN or for changes in TAN data can be made to NSDL who have set up TIN Facilitation Centres in over 500 cities for receiving TAN applications.

 

Filing TAN applications online

TAN applications can be filed on line at www.tin-nsdl.com

 

Tracking TAN applications

Status of TAN applications/application for changes in TAN data can be tracked at www.tin-nsdl.com.

 

'Know your TAN'

The deductor can know the TAN allotted to him at  https://incometaxindiaefiling.gov.in 

Online application for corrections in TAN data

Applications for correction in TAN data can be filed on line at www.tin-nsdl.com

Grievance handling with Call Centre support for PAN/TAN related services:

 

Digital Signature

What is a Digital Signature?

A digital signature authenticates electronic documents in a similar manner a handwritten signature authenticates printed documents. This signature cannot be forged and it asserts that a named person wrote or otherwise agreed to the document to which the signature is attached. The recipient of a digitally signed message can verify that the message originated from the person whose signature is attached to the document and that the message has not been altered either intentionally or accidentally since it was signed. Also, the signer of a document cannot later disown it by claiming that the signature was forged. In other words, digital signatures enable the "authentication" and "non-repudiation" of digital messages, assuring the recipient of a digital message of both the identity of the sender and the integrity of the message.

For more information on digital signature visit:

https://incometaxindiaefiling.gov.in/portal/faq_signature.do

 

 

 

ONLINE TAX ACCOUNTING SYSTEM

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•Tax deposits take place at over 13,000 branches of 33 designated banks throughout the country

• Banks imprint a unique Challan Identification Number (CIN) on each challan

• Facility provided for online payment, and viewing status of tax payment

• Handles over 2 crore tax payment transactions per year

 

e-Payment of Taxes

    

e-FILING OF INCOME TAX RETURNS

 

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e-filing of TAX DEDUCTION AT SOURCE

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 Facilities for e-filing of TDS returns:

TAN Registration

I.TAN Registration available at www.tin-nsdl.com.

II.Authenticated deductors-

i.View of the status of all statements filed;

ii.Download of consolidated quarterly e-TDS / TCS statement for preparation of correction statement; and

iii.Special functionalities related to quarterly TDS /TCS statement.

III.   Registration is free.

  

 

 

1.1 Feedback to Deductors

I. Through the TAN Based View details of all challans deposited in the banks for a given TAN during a specified period can be viewed.

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1.2 Feedback to Deductors

Through CIN Based View details of any particular challan can be verified.  

View of tax payments made in banks

 

This facility allows the taxpayer to verify the tax payment made by him through the website of Tax Information Network (TIN) at www.tin-nsdl.com. Feedback is given through the following:

Internet based feedback at www.tin-nsdl.com

 

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SMS based update of challan status

* The word CSI followed by space and CIN (BSR code, tender date, challan serial no.)

* Amount is optional

* CIN and amount should be comma separated

* TAN / PAN 

* Whether amount matched or not

* Received in TIN (date)

 

 

 

2.Status of TDS/ TCS Statements:

Deductor/collector can view this online at www.tin-nsdl.com against TAN and Provisional Receipt Number (PRN), under the link Quarterly Statement Status available at www.tin-nsdl.com.

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If statement is accepted, deductor can also check  

 

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 Reason for rejection can be viewed

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View of Tax Credit Statements (Form 26AS) online

(www.tin-nsdl.com)

(Requiring one time registration)

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What can be seen:

 Tax Credit Statement view offers:

 Benefits of Form 26AS

 

 

 

Circulars

  1. Circular No.1 on TDS on Salary-2010

  

Format of Forms (PDF)

1. Form 24Q

2. Form 26Q

3. Form 27EQ

4. Form 49B (TAN)

5. Form 15G

6. Form 15H

Challan

Challan 281

 

 

Frequently Asked Questions:

1.What is TDS?

TDS means Tax Deducted at Source. It is the amount withheld from payments of various kinds such as salary, contract payment, commission etc. This withheld amount can be adjusted against your tax due.

 

2.In case the deductee comes back stating that the original TDS certificate is lost, whether a duplicate certificate can be issued?

Yes. The deductor will have to issue the certificate in a plain paper giving necessary details of deduction and remittance.

 

3.I have made some deposits with a bank on which annual interest is around Rs.15000. My income is below taxable limit. The banker wants to deduct tax. What do I do?

You can file a self-declaration to the banker in form 15H stating that your income is below taxable limit. The form is available with your banker, the local Income-Tax office and can be downloaded from the website http://www.incometaxindia.gov.in/. This form should be filed before the interests begin to accrue in the fixed deposit account, since the declaration has no retrospective effect.

 

4.I have let out a property for Rs.20,000 per month. The tenant is deducting tax that is more than my tax liability. What can I do under this circumstance?

If you compute your tax liability and find it to be lower than the tax being deducted, you may approach your assessing officer by filing Form 13. He will issue a certificate directing the tenant to make TDS at a lesser rate. This form is available with the local Income tax office or can be downloaded from the website www.incometaxindia.gov.in.

 

5.I have deducted tax from payments disbursed but used the same for some urgent financial needs. What are the consequences?

It is an offence to misuse the tax deducted at source. It should have been remitted to government account within the time allowed. The failure attracts tax, interest, penalty and also rigorous imprisonment up to seven years

 

6.What can I do if I am unable to get the TDS certificate [form-16 or 16A]?

It is the duty of every person deducting tax to issue TDS certificate. In spite of your asking if you are denied the certificate then there is a chance that the tax deducted has not been deposited by the deductor to the government account. Please inform the department [PRO or TDS section] which will then do the needful.

 

7.I have not received TDS certificate from my employer. Can I claim TDS deducted from my salary?

Yes. The claim can be made in your return. Department however will raise a demand which will not be enforced on you but on your employer.

 

8.If the employer does not deduct tax and employee also does not pay his due tax, who will be held responsible for tax payment?

The ultimate responsibility to pay tax rests on the person who has earned income. If the employee deposits such tax then the employer will be liable for interest and penalty for failure to deduct tax.

 

9.I am buying a property from a person residing in USA. Should I deduct tax while making payment?

Yes u/s 195. In case you have any doubt regarding the amount on which TDS is to be made, you may file an application with the officer handling non-resident taxation who will pass an order determining the TDS to be made. Alternatively, if the recipient feels that the TDS is more he may file an application with his Assessing officer for non-deduction.

 

10.Can I use PAN to pay the TDS deducted into government account?

No. You are required to take a separate Tax Deduction Account Number [TAN] by making an application in form 49B with the Tin facilitation centre of NSDL.

11.How to surrender the duplicate TAN or the TAN which is not being used?

Application along with relevant support documents has to be made to concerned AO.

    

Disclaimer

Note:

The information given in this web portal is to convey the general understanding of TDS and TCS provisions. For detailed information Income Tax Act 1961 shall be consulted. The changes in the Act may be incorporated in the information as and when required.