Section
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Applicable Rules
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Nature of Payment
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Exemption & Limit
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Rate of Deduction for F. Y. 2016-17 (Ref. Note 1 &
Note 5)
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Procedure for Nil/Lower Deduction
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Sec. 200 Return Statement Form No./ Due Date (w.e.f. A.Y. 2016-17)
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TDS Certificate Form No./Due Date
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192
Refer Note 3
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21A, 21AA, 26A, 26B, 26C, 28, 28AB 30, 31, 31A 31AB, 33, 37BA
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Salary to any person
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₹ 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'
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The employer has an option not to deduct tax on non-monetary perquisites provided to employee and instead, pay it himself.
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As applicable to individual Refer Part III of 1st Schedule of Finance Act, 2016
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Employee can apply to the AO in Form 13
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Quarterly statement in Form No. 24Q/ 31st July, 31st Oct., 31st Jan., 31st May (for quarter ending 30/6, 30/9, 31/12 and 31/3 respectively
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F. 16 and 12BA/F.16AA By 31st May from the close of the financial year
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193
Refer Note 3
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28, 28AA, 29C, 30, 31, 31A, 31AB, 37BA
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Interest on Securities to any resident
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₹ 5,000 for interest on debentures (to a resident individual and HUF).
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₹ 5,000 Interest on any Security
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No tax is to be deducted on interest payable
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By the Government on any security
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To LIC, GIC or any other similiar insurer
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To a corporation established by or under a Central Act which exempt from Income Tax by virtue of any law
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On 7 year NSC
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On any securities issued by a company in a dematerialised form listed on recognised stock exchange in India
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₹ 10,000 for 8% savings (Taxable) Bonds, 2003
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10%
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Senior Citizen can furnish declaration in duplicate in Form 15H if the tax on the estimated income is
₹ Nil. Refer Note 2.
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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
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Payee can apply to the A.O. in Form 13.
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Quarterly statement in Form No. 26Q on 31st July, 31st Oct., 31st Jan., 31st May (for quarter ending 30/6, 30/9, 31/12 and 31/3 respectively
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Form 16A by 15/8, 15/11, 15/2 and 15/6, for the quarter ending 30/6, 30/9, 31/12 and 31/3 respectively
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194A
Refer Notes 3, 4
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28, 28AA, 29C, 30, 31, 31A, 31AB
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Interest (other than Interest on Securities) to resident
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₹ 10,000 where payer is a banking Co. or Co-operative Society engaged in Banking Business, or in case of Time Deposits (including recurring deposits) with PO under a scheme notified by Central Govt.
₹ 5,000 in any other case
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10%
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Same as S. 193 above
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Same as S. 193 above
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Same as S. 193 above
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No deduction required on following interest payments:
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Firm to partner
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On deposits with bank made before 1-7-1995
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Co-op. Soc. (other than a Co-op. Bank) to a member thereof or to such income credited/paid by a Co-op. Soc.
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Payment to UTI, LIC or any other Insurance company
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Payment to financial corporation established under any Central, State or Provincial Act.
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Central Govt. to assessees on excess tax paid
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Zero coupon bonds issued by scheduled bank
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To any Business Trust referred to in S. 10(23FC), etc.
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194B
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30, 31, 31A, 31AB
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Winnings from lottery & crossword puzzles including card game or other game of any sort to any person (including winning in kind)
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₹ 10,000
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30% All assessees
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Not Applicable
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As per S. 193 above
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As per S. 193 above
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194BB
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30, 31, 31A, 31AB
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Winnings from horse races to any person
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₹ 10,000
(up to 31-5-2016, ₹ 5,000/-)
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30% All assessees
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Not Applicable
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As per S. 193 above
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As per S. 193 above
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194C Refer Notes 3, 4 &
6
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28, 28AA 30, 31, 31A, 31AB
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Payment to Resident Contractors/Sub- Contractors by persons other than individual and HUF
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i. ₹ 30,000 per credit/ payment and
ii. ₹ 1,00,000 per Financial Year
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Cos/ Firms/ Co-op. Soc./ AOP/ BOI 2% Individual/ HUF 1%
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Payee to apply in F.13 to the A.O. to obtain certificate
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As per S. 193 above
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As per S. 193 above
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194D
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28, 28AA, 30, 31, 31A, 31AB
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Insurance commission to Resident
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₹ 15,000 Companies
(up to 31-5-2016 ₹ 20,000/-)
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5 %
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Payee to apply in F.13 to the A.O. to obtain certificate
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As per S. 193 above
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As per S. 193 above
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194DA
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31, 31A, 31AB & 37BA
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Payment in other than the amount exempt u/s. 10(10D) in respect of u/e Ins. policy
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₹ 1,00,000
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1%
(upto 31-5-2016, 2%)
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—
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—
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As per S. 193 above
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194E
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26, 30, 31, 31A, 31AB, 37A
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Payments to Non- resident sportsmen/ entertainer sports association
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Any amount
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20%
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Not Applicable
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As per S. 193 above
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As per S. 193 above
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194EE
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29C, 30, 31, 31A, 31AB
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Payments of deposits under NSS to any person
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Payments to heirs exempt. In any other case less than ₹ 2,500
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10%
(up to 31-5-2016, 20%)
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If F.15G/F.15H is furnished by a resident individual
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As per S. 193 above
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As per S. 193 above
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194G
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28, 28AA, 30, 31, 31A, 31AB
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Commission/ Remuneration on sale of lottery tickets to any person
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₹ 15,000
(up to 31/5/2016 Rs. 10,000/-)
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5%
(upto 31/5/2016, 10%)
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Payee to apply in F.13 to the A.O. to obtain certificate
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As per S. 193 above
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As per S. 193 above
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194H Refer Notes 3 & 4
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28, 28AA, 30, 31, 31A, 31AB
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Commission or Brokerage to a resident
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Individual & HUF – not required to deduct tax (Subject to Note 4)
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₹ 15,000 p.a. (up to 31/5/2016 ₹ 5,000/-)
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No deduction for commission or brokerage payable by BSNL & MTNL to their PCO franchises
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No deduction for brokerage on securities or New Pension Scheme Trust [S. 10(44)]
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5%
(upto 31/5/2016, 10%)
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Payee to apply in F. 13 to the A.O. to obtain certificate
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As per S. 193 above
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As per S. 193 above
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194-I Refer Notes 3 & 4
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28, 28AA 30, 31, 31A, 31AB
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Rent paid to any resident for Plant Machinery, Equipment,
Rents paid to any resident for Land & Building
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Individual & HUF – not required to deduct tax (Subject to Note 4)
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₹ 1,80,000 p.a.
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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
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2%
10%
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Same as S. 193 above
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As per S. 193 above
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As per S. 193 above
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194-IA
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30, 31, 31A 31AB
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Payment on transfer of certain immovable properties other than agricultural land
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Any person to a resident transferee
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₹ 50,00,000 or above
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S. 203A not applicable
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1%
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Not Applicable
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Form 26QB within 30 days from the end of the month
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Form 16B within 15 days from filing Form 26QB
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194J Refer Notes 3 & 4
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28, 28AA, 30, 31, 31A, 31AB
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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
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Individuals & HUFs are not required to deduct tax (Subject to Note 4)
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₹ 30,000
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10%
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Payee to apply in F. 13 to the A.O. to obtain certificate
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As per S. 193 above
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As per S. 193 above
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194LA
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28, 28AA, 30, 31, 31A, 31AB
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Compensation to resident on acquisition of certain immovable property other than specified agricultural land
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₹ 2,50,000 p.a.
(up to 31-5-2016 ₹ 2,00,000/-)
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10%
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Payee to apply in F. 13 to the A.O. to obtain certificate
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As per S. 193 above
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As per S. 193 above
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195 Refer Note 3
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26, 28, 28AA, 29B, 30, 31A, 31AB, 37A
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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)
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Any sum chargeable under Income Tax
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As per double taxation avoidance treaty or as per Sch. 1, Part II to the Finance Act, 2016 whichever is beneficial to the assessee
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Payee to apply in Form 13 to the AO to obtain certificate
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Payee to apply in F. 15C/15D to the A.O. to obtain certificate
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Payer may apply to A.O. to determine income component in payment for lower deduction
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Quarterly statement in Form No. 27Q on 15th July, 15th Oct., 15th Jan., 15th May
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As per S. 193 above
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Notes:
- Surcharge is applicable at the following rates in case of:
Individual/ HUF / AOP / BOI/Artificial juridical person where the income exceeds
₹ 1 crore @ 15%
Foreign company @ 2% where such sum exceeds ₹ 1 crore but does not exceed ₹ 10 crore and 5% where such sum exceeds
₹ 10 crore.
Domestic Company @ 7% in case such sum exceeds ₹ 1 crore but does not exceed
₹ 10 crores and @ 12% in case such sum exceeds ₹ 10 crore.
Firm, Co-op Society or local authority where income exceeds ₹ 1 crore @ 12%.
Nature of Activity
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Salary
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Other than Salary i.e.; Ss. 193, 194A, 194B, 194BB, 194C, 194D, 194E, 194EE, 194G, 194H, 194-I, 194J, 194LA, 194LBA
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- Time of Deduction
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When salary is paid
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When income paid or credited to the account including interest “payable” or “suspense” a/c whichever is earlier.
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- Time of deposit of tax (where deduction is made for or on behalf of the Government)
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On same day
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On same day
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- Time of deposit of tax (where deduction is other than for or on behalf of Government)
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Within 7 days 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.
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If credited or paid in the month of March on which accounts are made, on 30th April. 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.
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Note: For section 194IA refer chart above
- Copies of Form Nos. 15G & 15H received by the payer have to be filed online on Income Tax Website 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. It can also be furnished in paper form with Principal Chief Commissioner / Chief commissioner/ Commissioner.
- 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 9.57.
- 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.
- i. In case where deductee does not furnish PAN to the deductor, tax will be deducted at the higher of rate specified in the relevant provisions, or rate in force or twenty per cent. However, with effect from 1st June 2016, the above provisions shall not apply to a foreign company or to a non-resident subject to prescribed conditions.
- 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 if the Contractors provides PAN & contractor owns ten or less goods carriages at any time during the previous year and furnishes a declaration to that effect.
- As per newly introduced Rule 26C, employee has to furnish Form 12BB, being evidence of claims for deduction u/s. 192.
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