Section |
Applicable Rules |
Nature of Payment |
Exemption & Limit |
Rate of Deduction for F. Y. 2015-16 (Ref. Note
1 & Note 5) |
Procedure for Nil/Lower Deduction |
Sec. 200 Return Statement Form No./ Due Date
(Ref. Note 9) (W.e.f. A.Y. 2015-16) |
TDS Certificate Form No./Due Date |
192
Refer
Note 3 |
21A, 21AA,
26A, 26B,
28, 28AB
30, 31, 31A
31AB, 33,
37BA |
Salary to any person |
- ₹ 3,00,000 for senior
citizen, ₹ 5,00,000 for
very senior citizen and
₹ 2,50,000 for others after
considering deduction u/ss. 16, 80C, 80CCC, 80CCB 80CCF, 80D, 80DD, 80DDB, 80E,
80GG, 80TTA and 80U and loss under the head 'Income from
House Property'
- 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, 2015 |
Employee can apply
to the AO in Form 13 |
Quarterly
statement in
Form No. 24Q/
15th July, 15th Oct.,
15th Jan., 15th May
(for quarter ending
30/6, 30/9, 31/12
and 31/3
respectively |
F. 16 and 12BA/F.16AA
By 31st May from the close
of the financial year |
193
Refer
Note 3 |
28, 28AA,
29C, 30,
31, 31A,
31AB, 37BA |
Interest on Securities
to any resident |
- ₹ 5,000 for interest on
debentures (to a resident
individual and HUF).
- Interest on any Security
- No tax is to be deducted
on interest payable
• By the Government
on any security
- To LIC, GIC or any other
similiar insurer
- To a corporation esta-
blished by or under
a Central Act which
exempt from Income
Tax by virtue of any
- On 7 year NSC
- On any securities
issued by a company
in a dematerialised form
listed on recognised stock exchange in India
- ₹ 10,000 for 8% savings (Taxable) Bonds, 2003
|
10% |
- Senior Citizen can furnish declaration in duplicate in
Form 15H if the tax on the estimated income is ₹ Nil. Refer
Note 2.
- A person other than a company or a firm can furnish
declaration in duplicate in Form 15G where the aggregate
income does not exceed the maximum amount not liable to tax
Refer Note 2
- Payee can apply to the A.O. in Form 13.
|
Quarterly
statement in
Form No. 26Q on
15th July,
15th Oct., 15th
Jan., 15th May
(for quarter
ending 30/6,
30/9, 31/12 and
31/3 respectively |
Form 16A by 30/7, 30/10
30/1 and 30/5, for the
quarter ending 30/6, 30/9,
31/12 and 31/3 respectively |
194A
Refer
Notes
3, 4 |
28, 28AA,
29C, 30, 31,
31A, 31AB |
Interest (other than
Interest on Securities)
to resident |
- ₹ 10,000 where payer is a
banking Co. or Co-operative
Society engaged in Banking
Business, or in case of Time
Deposits (w.e.f. 1-6-2015
including recurring deposits)
with PO under a scheme
notified by Central Govt. ₹ 5,000 in any other
case
- No deduction required on
following interest payments:
- Firm to partner
- On deposits with bank
made before 1-7-1995
- Co-op. Soc. (other than a
Co-op. Bank) to a member
thereof or to such income
credited/paid by a Co-op. Soc.
- Payment to UTI, LIC
or any other Insurance
company
- Payment to financial
corporation established
under any Central,
State or Provincial Act.
- Central Govt. to assessees on excess
tax paid
- Zero coupon bonds issued
by scheduled bank
- To any Business Trust
referred to in S. 10(23FC)
(w.e.f. 1-10-2014), etc.
|
10% |
Same as S. 193
above |
Same as S. 193
above |
Same as S. 193
above |
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) |
₹ 10,000 |
30%
All assessees |
Not Applicable |
As per S. 193
above |
As per S. 193
above |
194BB |
30, 31, 31A,
31AB |
Winnings from horse
races to any person |
₹ 5,000 |
30%
All assessees |
Not Applicable |
As per S. 193
above |
As per S. 193 above |
194C
Refer
Notes 3,
4 & 6 |
28, 28AA
30, 31, 31A
31AB |
Payment to Resident
Contractors/Sub-
Contractors by
persons other than
individual and HUF |
- ₹ 30,000 per credit/ payment and
- ₹ 75,000 per Financial Year
|
Cos Firms
Co-op. Soc./
AOP/BOI
Individual/
HUF 2% 1% |
Payee to apply in F.13
to the A.O. to obtain
certificate |
As per S. 193
above |
As per S. 193
above |
194D |
28, 28AA,
30, 31, 31A,
31AB |
Insurance commission
to Resident |
₹ 20,000 Companies |
10% |
Payee to apply in F.13
to the A.O. to obtain
certificate |
As per S. 193
above |
As per S. 193
above |
194DA |
31, 31A, 31AB
& 37BA |
Payment in other than
the amount exempt
u/s. 10(10D) in respect
of u/e Ins. policy |
₹ 1,00,000 |
20% |
- |
- |
- |
194E |
26, 30, 31,
31A, 31AB,
37A |
Payments to Non-
resident sportsmen/
entertainer
sports association |
Any amount |
20% |
Not Applicable |
As per S. 193
above |
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
₹ 2,500 |
20% |
If F.15G/F.15H is
furnished by a
resident individual |
As per S. 193
above |
As per S. 193
above |
194G |
28, 28AA, 30,
31, 31A,
31AB |
Commission/Remu-
neration on sale of
lottery tickets to any
person |
₹ 1,000 |
10% |
Payee to apply in F.13
to the A.O. to obtain
certificate |
As per S. 193
above |
As per S. 193
above |
194H
Refer
Note 3 |
28, 28AA,
30, 31, 31A,
31AB |
Commission or
Brokerage to a
resident |
- Individual & HUF – not
required to deduct tax
(Subject to Note 4)
- ₹ 5,000 p.a.
- No deduction for
commission or brokerage
payable by BSNL & MTNL
to their PCO franchises
- No deduction for
brokerage on securities or
New Pension Scheme Trust
[S. 10(44)]
|
10% |
Payee to apply in F. 13
to the A.O. to obtain
certificate |
As per S. 193
above |
As per S. 193
above |
194-I
Refer
Note 3 |
28, 28AA
30, 31, 31A,
31AB |
Rent paid to any
resident for Plant
Machinery, Equipment,
Rents paid to any resident for Land &
Building |
- Individual & HUF – not
required to deduct tax
(Subject to Note 4)
- ₹ 1,80,000 p.a.
- No tax deduction if payee
is Government/Local
Authority
No deduction for rent paid/ credited to a business trust
being a REIT, in respect of
any real estate asset referred
to in clause 10(23FA) owned
directly by such business trust |
2%
10% |
Payee to apply in F. 13
to the A.O. to obtain
certificate |
As per S. 193
above |
As per S. 193
above |
194-IA |
30, 31, 31A
31AB |
Payment on transfer
of certain immovable
properties other than
agricultural land |
- Any person to a resident
transferee
- ₹ 50,00,000 or above
- S. 203A not applicable
|
1% |
Not Applicable |
Form 26QB within
7 days from the end
of the month & by
30th April in case
of March month |
Form 16B within
15 days from filing
Form 26QB |
194J
Refer
Note 3 |
28, 28AA,
30, 31, 31A,
31AB |
Fees for professional
or technical services,
Remuneration/
Commission/Fees, etc.
to Directors (other than
those covered u/s 192),
Royalty and sum
referred to in section
28(va) (i.e., non-compete
& confidentiality payments)
paid to a resident |
- Individuals & HUFs are
not required to deduct tax
(Subject to Note 4)
- ₹ 30,000
|
10% |
Payee to apply in F. 13
to the A.O. to obtain
certificate |
As per S. 193
above |
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 |
₹ 2,00,000 p.a. |
10% |
Payee to apply in F. 13
to the A.O. to obtain
certificate |
As per S. 193
above |
As per S. 193
above |
195
Refer
Note 3 |
26, 28, 28AA,
29B, 30, 31A,
31AB, 37A |
Interest or other
sums (other than
salary) paid to Non-
residents or to foreign
companies (not being
dividends u/s. 115-O
after 1-6-2003) |
- |
As per double taxation
avoidance treaty or as
per Sch. 1, Part II to
the Finance Act, 2015
whichever is beneficial
to the assessee |
- Payee to apply in Form 13 to the AO to obtain
certificate
- Payee to apply in F. 15C/15D to the A.O. to obtain
certificate
- Payer may apply to A.O. to determine income component in
payment for lower deduction
|
Quarterly
statement in
Form No. 27Q on
15th July, 15th Oct.,
15th Jan.,
15th May |
As per S. 193
above |
Notes:
- Surcharge is applicable at the following rates:
Individual/HUF/AOP/BOI/Artificial juridical person/Co-op. Soc./Firm where the income or aggregate of such income exceeds ₹ 1 crore @ 12%.
Foreign company @ 2% where such sum exceeds ₹ 1 crore but does not exceed ₹ 10 crores and 5% were such sum exceeds ₹ 10 crores.
Domestic Co. @ 7% in case such sum exceeds ₹ 1 crore but does not exceed ₹ 10 crores @ 12% in case such sum exceeds ₹ 10 crores.
Nature of Activity |
Salary |
Other than Salary i.e.; Ss. 193, 194A, 194B,
194BB, 194C, 194D, 194E, 194EE, 194G, 194H, 194-I, 194J,
194LA, 194LBA |
(a) 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. |
(b) Time of deposit of tax (where deduction
is made on behalf of the Government) |
On same day |
On same day |
(c) 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 July 7, October 7,
January 7 and April 30 with prior approval of AO. |
If credited on the date on which accounts
are made, within one month 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 7, October 7, January 7 and April 30 with
prior approval from JC. |
- Copies of Form Nos. 15G & 15H received by the payer have to be filed with the Principal Chief Commissioner/Chief Commissioner/ Principal 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.
- Consequences of delay in payment of TDS
- If the person responsible for deducting and paying tax fails to do so, he shall be considered an assessee in default, liable to pay interest @ 1% p.m or part thereof on the amount of such tax from the date on which such tax was deductible to the date of deduction and @ 1.50% p.m. or part thereof on the amount of such tax from the date of deduction to the date of actual payment, rigorous imprisonment ranging from 3 months to 7 years and fine. The interest payment needs to be made before filing of the Quarterly Return. For Penalty please refer page 14.51.
- Disallowance due to non-deduction:
If tax deductible under Chapter XVII-B is not deducted during the previous year or deducted and not paid before the due date of filing the return of income 30% of relevant expenditure otherwise allowable in computing total income of the payer would be liable for disallowance u/s. 40(a)(i)/(ia). However, wherever the deduction is made in a subsequent year or the payment is made after the due date of filing the return of income, the deduction will be allowed in the year in which TDS is paid. For details see section 40(a).
- Applicable to individuals or a HUF, who was liable to tax audit in the immediately preceeding financial year shall be liable to deduct income-tax u/ss. 194A, 194C, 194H, 194-I & 194J. Payments made by way of fees which are exclusively for personal purposes will not attract provisions of sections 194C and 194J.
- With effect from 1-4-2010, in case where deductee does not furnish PAN to the deductor following consequences will 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.
- No TDS u/s. 194C on Transport Contractors if PAN is given. However, w.e.f. 1-6-2015 this exemption is applicable to such contractors who owns ten or less goods carriages at any time during the previous year and furnishes a declaration to that effect.
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