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In the Financial World TDS is “Tax deducted at
Source”
TDS contributes 40% to the gross direct tax
collections
It has been brought with the principle of
“Pay As you Earn” i.e. Collection of Tax in
Advance.
If no TDS is deducted, expenses are
Disallowed u/s 40a(ia).
Who : Every deductor
When : Within one month of first deduction of Tax
Where : TIN FCs/NSDL
How : In form ‘49B’
1ST
StepDeduct Tax as per provision
2nd
Step
Deposit to Govt Account in Challan 281
3rd
StepFile Quarterly statements
4th
StepIssue TDS Certificates
Mandatory to quote TAN on✓ Quarterly statements✓ Challans✓ TDS Certificates✓ Other documents pertaining to transactions
PENALTY OF Rs. 10,000/- in each case (Sec 272BB)
i) Non obtaining a TANii) Non Quoting of TANiii) Providing false TAN
Chapter XVII of the Income Tax Act deals with TDS & TCS
-Section 190 to 206CA deal with laws and procedures for both TDS and TCS
DEDUCTOR- ANY PERSON
DEDUCTEE- RESIDENT OR NON RESIDENT
RATE OF TDS : SLAB RATE APPLICABLE TO SPECIFIC
EMPLOYEES ON THE BASIS OF HIS ESTIMATED INCOME.
ON ACTUAL PAYMENT
DEDUCTOR - ANY PERSON
DEDUCTEE – RESIDENT
RATE OF TDS – 10%
LIMIT : >=5000.
NOTE:NO TDS IF:-
1. SECURITIES IS IN DEMAT FORM AND
2. IS LISTED ON STOCK EXCHANGE
DEDUCTOR- ANY PERSON
DEDUCTEE- RESIDENT OR NON RESIDENT
RATE -10%
LIMIT : >=2500.
NOTE :• NO TDS ON DIVIDEND EXEMPT U/S 115-O,
• TDS ON DEEMED DIVIDEND U/S 2(22)(e).
DEDUCTOR- PERSON LIABLE TO GET THEIR BOOKS AUDITED DEDUCTEE – RESIDENT RATE – 10% LIMITS:
◦ >=10000 WHERE PAYER IS BANKING CO. , CO-OP. SOCIETY BANK , POST OFFICE
◦ >=5000 IN OTHER CASE
NOTES:NO TDS :
1. PAYMENT IS MADE TO BANK; FINANCIAL CORP. ESTB. UNDER ANY CENTRAL , STATE, PROVINCIAL ACT; PARTNER OF FIRM..
2. INT. UNDER INCOME TAX
3. ON ZERO COUPOUN BOND Note:- Even if the amount is credited to suspense account or any other
account, TDS to be made
Person to be an individual or HUF
Person to be a Resident Indian
Individual should be less than 60 years old
Tax calculated on Total Income is nil
The total interest income for the year is less than the minimum exemption limit of that year, which is Rs 2,50,000 for financial year 2017-18. the CBDT has issued Notification No. 6/2017to provide that New Form 15G/15H needs to be filed whenever estimated total income changes and new investments are made by the taxpayer.
DEDUCTOR – ANY PERSON
DEDUCTEE – ANY PERSON
RATE – 30%
LIMIT : >=10000
DEDUCTOR- PERSON LIABLE TO GET THEIR BOOKS AUDITED
DEDUCTEE – RESIDENT
RATE: PAYEE IS IND. OR HUF – 1%
ANY OTHER ASSESSEE – 2%
LIMIT: SINGLE CONTRACT >=30000
ANNUAL AGG. AMOUNT >=100000.
NOTES :1. NO TDS IF PAYMENT IS FOR PERSONAL PURPOSE OF IND. OR HUF.
2. NO TDS IF TRANSPORTER FURNISHES HIS PAN , DECLARATION OF HAVING LESS THAN 10 TRUCKS.
3. TDS ON INVOICE VALUE EXCLUDING MATERIALS AMOUNT IF SEPARATELY SHOWN , ELSE ON WHOLE AMOUNT
DEDUCTOR- PERSON LIABLE TO GET THEIR BOOKS
AUDITED
DEDUCTEE – RESIDENT
RATE : 5%
LIMIT: =>15000
NOTE :• NO TDS ON PAYMENT BY BSNL & MTNL TO THEIR PCO
FRANCHISEES
• NO TDS ON TRANSACTION RELATED TO SECURITIES
DEDUCTOR- PERSON LIABLE TO GET THEIR BOOKS AUDITED
DEDUCTEE – RESIDENT
RATE : ◦ FOR USE OF PLANT & MACHINERY – 2%
◦ FOR USE OF LAND ,BUILDING , FURNITURE AND FITTING –10%
LIMIT : =>1,80,000
NOTE :1. TDS TO BE DEDUCTED ON WAREHOUSING CHARGES AND
NON REFUNDABLE DEPOSITS ALSO
2. NO TDS ON SERVICE TAX COMPONENT
DEDUCTOR – PERSON LIABLE TO GET THEIR BOOKS
AUDITED
DEDUCTEE – ANY RESIDENT
RATE : 1%
LIMIT: >50,00,000
NOTE : • NO TDS ON ACQUISITION OF AGRICULTURE LAND.
new section 194-IB in the Act provide that Individuals or a HUF (other than those covered under 44AB of the Act), responsible for paying to a resident any income by way of rent exceeding fifty thousand rupees for a month or part of month during the previous year, shall deduct an amount equal to five per cent. of such income as income-tax thereon.
tax shall be deducted on such income at the time of credit of rent, for the last month of the previous year or the last month of tenancy if the property is vacated during the year, as the case may be, to the account of the payee or at the time of payment thereof in cash or by issue of a cheque or draft or by any other mode, whichever is earlier.
In order to reduce the compliance burden, the deductor shall not be required to obtain tax deduction account number (TAN) as per section 203A of the Act. It is also proposed that the deductor shall be liable to deduct tax only once in a previous year.
It starts with non-obstante clause to exclude applicability of section 194-IA.
The payer or tax deductor would be any person.
The payee would be an individual or a HUF being a resident.
There is monetary consideration payable under specified agreement WHICH is registered.
Tax would be deductible @ 10%. Tax at source should be deducted at earliest of
credit to the account of payee or actual payment of money consideration.
No threshold limit provided.
DEDUCTOR- PERSON LIABLE TO GET THEIR BOOKS AUDITED
DEDUCTEE – RESIDENT
RATE : 10%
LIMIT :=>30,000
NOTE:• NO TDS IF PROFESSIONAL FEES PAID BY NON RESIDENT TO
RESIDENT THROUGH BANKING CHANNELS AND NON RESIDENT DO NOT HAVE ANY AGENT IN INDIA
• NO TDS ON PAYMENT MADE BY IND. & HUF FOR PERSONAL PURPOSE.
DEDUCTOR – ANY PERSON
DEDUCTEE – NON RESIDENT OR FOREIGN COMPANY
RATE : AT THE RATE IN FORCE
7th of Next Month (except for month of March)
For March month : It is 30th April
If any person does not deduct or doesn’t pay or after so deducting fails to pay whole or part of the tax as required by or under this Act, he or it shall, without prejudice to any other consequences which he or it may incur, be deemed to be an assessee in default in respect of such tax.
Such person shall also be liable to pay interest U/s 201(1A) & Penalty.
Where the assessee after deducting TDS fails to pay the tax as required by or under this Act
Liable to simple interest @ 18% p.a [i.e. 1.5% p.m.] from the date on which the tax was deducted till the date on which the payment is actually made.
Where the assessee fails to deduct TDS and make the payment as required by or under this Act
Liable to simple interest @ 12% p.a [i.e. 1% p.m.]from the date on which the tax was deductible till the date on which the TDS deducted.
➢ Interest U/s 201(1A) shall be paid before filing TDS returns.
➢Where tax has not been paid after deduction, the tax + interest shall be charged .
➢ Section 234 E
➢ Applicable to Returns due after 01/07/2012
➢ Non filing & Late filing of TDS, TCS Returns
➢ ` 200/- per day – maximum to the extent of TDS/TCS
➢ To be paid while filing TDS Statement.
Form 24Q Quaterly Last Day of Next Month of quarter & 31st May
for the Last Quarter Form 27Q Quaterly As Above Form 26Q Quarterly Same as for Form 24Q, 27Q Form 27EQ Quaterly 15th of Next month of quarter & 15th May for
last quarter
Sec 271C: Penalty equal to the amount that the deductor failed to deduct/collect
Prosecution (Sec 276B): If a person fails to pay to the credit of the Central Government,—
Rigorous imprisonment for a term which shall not be less than three months but which may extend to seven years and with fine.
Sr No. Section Reason Penalty / Interest
1 276 B Non Payment of TDS Prosecution Proceedings with Imprisonment for a Term of 3 months extend up to 7 year
2 279 (2) Compounding of section 276 B
3 221 Assesse in default u/s 201(1A)
Penalty equals to total of Tax in Arrears
4 40(a)(i)/(ii) Non Deduction of TDS
Expenses Are disallowed
5 220 (2) Demand u/s 156 Additional Interest of 1 % per month
6 201(2) After Deduction Non Payment
Charge is created on the Asset of the Entity
7 201(1A) Late Payment of TDS Interest is charged at a rate of 1.5 % per month
8 271C On Failure to Deduct TDS as required to be Deducted
Penalty is equal to the amount of failure
9 271 H Failure to File TDS Return/ Incorrect return Filed
Penalty of minimum Rs.10,000/- up to Rs.1,00,000/-
10 234 E Fees for Late Filing TDS Return
Rs. 200/- Per Day
11 272 A (2) Non Issuance of TDS Certificate
Rs. 100/- per Day
12 272 BB Non Compliance of Provision under sec 203 A
Penalty of Rs.10,000/-
EVERY PERSON WHOSE TDS IS DEDUCTED IS
MANDATORY REQUIRED TO FURNISH PAN .FROM THIS
F.YR IT IS MANDATORY FOR TCS TOO
NON FURNISHING THE PAN SHALL LET TAX TO BE
DEDUCTED/COLLECTED AT THE HIGHER OF THE
FOLLOWING :• AT THE RATE SPECIFIED IN THE ACT.
• AT THE RATE IN FORCE
• AT THE RATE OF 20%.
CONCEPT OF TCS:
▪ In this concept the seller of specified goods
collect tax from the buyer under the section
206C (1).
▪ The whole concept of TCS is from the income
tax act is to widen the income tax scope and to
include more and more persons into tax grip.
▪ Buyer is a person who buys the goods for sale. The mode of buying may be direct purchase, tender or any auction to the specified goods.
▪ These are not covered as buyers under the section:- Central/State government.- Public company.- Embassy, High commission or representation
offoreign country.
- Any club.- Any person who buys the goods for personal
consumption & not for sale.
▪Seller of the specified goods is covered in TCSact.
▪Seller may be
- individual or huf- firm- co-operative society- company- state or central government- local authority
▪ Specified goods are those goods, sale or purchase of which attracts TCS. ▪ The list of such goods is:
1- Alcoholic liquor for human consumption.2- Timber3- Tendu leaves.4- Forest produce other than timber and tendu
leaves.5- Scrap or waste6- Minerals7- Toll plaza & Parking Lot8- Minerals being Coal or lignite or iron ore (1.7.2012)
Alcoholic liquor for human consumption 1% Timber 2.5% Tendu leaves 5% Forest produce other than timber and tendu leaves 2.5% Scrap 1% Minerals 2% Toll plaza, Parking lot, Mining and quarrying * 2 %
▪ The TCS will be zero or exempt when the buyerbuys the goods for manufacturing orReproduction and not for sale.
▪ In this condition the buyer supplies Form 27C tothe seller mentioning that he is the not a traderand will reprocess the goods which arepurchased with duly stamped and signature.
▪ The seller needs to deliver copy of Form 27C tothe Commissioner of income tax.
Time limit for TDS / TCS Certificates:
Form 16
To be issued annually, within 15 days from due date of filing of TDS/TCS statements.
Form 16A
Within 15 days from due date of filing of TDS/TCS statements
Form 27D
Within 15 days from due date of filing of TDS/TCS statements
“TRACES is a web-based application of the Income Tax Department that provides an interface to all stakeholders associated with TDS administration. It enables viewing of challan status, downloading of NSDL ConsoFile, Default reports, making correction in statement, allows to correct PAN, A.Yr and download TDS Certificates Form 16 / 16A.”
13 October 2017 40
CPC (TDS) for Deductors
TRACES: https://www.tdscpc.gov.in
Dashboard
▪ Statement Status and Defaultpayable
▪
▪ Deductor Compliance Profile
Online Corrections
View Defaults Summary
Online PAN Verification
Statement and Challan Status
TAN – PAN Consolidated File
Downloads
▪ TDS Certificates Form 16/ 16A
▪ Form 27D
▪ Transaction Based Report for Non –Residents
▪ Consolidated Statement File
▪ Justification Reports
e-Tutorials and FAQs
Circular and Notifications
CPC (TDS) Communications
Statement Status
Challan Status
Challan Status for statement
View TDS/TCS Credit
Pan Verification
Request for Conso File
197 Certificate validation
Request for refund
Track Correction Request
Declaration for Non- filing of Statement
Declaration to Deposit Lower TDS
OLTAS Challan Correction
Request for 26A/27BA
45
Click here to go to challan status. If challan is not consumed in any
statement, detail will not be displayed
Click here to agree the declaration
Click on ‘Cancel’ and go to previous page
If the user disagree to the declaration, gets two option either add another challan or move back to the challan detail page to accept the declaration
46
Furnish Form 26B
acknowledgement to your
Jurisdictional Assessing
Officer within 14 days from
the date of transmitting the
data electronically. Failing to
do so will lead to rejection of
your refund request.
View the 26B acknowledgement
OLTAS Challan Correction
OLTAS Challan Correction
Request for 26A/27BA
View Default Summary
Request for Correction
Request for Justification Report Download
Track Correction Request
View Saved Statement
Correction Ready for Submission
Tag/Replace Challan
Track Request for Tag/Replace Challan
This feature enables the Deductor to file Online Correction statements
through TRACES portal without downloading TDS/TCS Consolidated File.
Following facilities are allowed in Online corrections:
PAN Correction
Challan Correction
Add challan to statement
Modify/Add deductee row
Modify Salary details
Pay 220I, Late Payment, Late Deduction and Late Filing Interest
Update of Personal Information
Movement of Deductee Rows
Pay 220I, LPI, LDI and LF
Select ‘ Pay 220I, LP,LD, Interest, Late filing , Levy’ from drop
down
Inbox- Contains notices, intimations from TDS-CPC
Request For resolution
Resolution Tracking
Declaration for Paperless Intimation
Notices from Assessing Officer
Requested Downloads
Form 16/16A/27D
Transaction based Report
Download Challan Status Inquiry
View Your BIN-For Govt. Deductors
Aggregated TDS Compliance Functionality
If a PAN is associated with more that one TANs for example PAN
of the Central Office, Headquarter etc. having more that one TAN of
its branches, said PAN can review the "Aggregated TDS
Compliance" report on a regular basis to improve TDS compliance
at Organization level.
PAN can view TDS performance for all of its respective TANs by
logging into TRACES as a Taxpayer.
The download of the list of defaults of various TANs associated
with a PAN will be available in Excel Format for which a request has
to be placed.
Aggregated TDS Compliance Download Request Page
Drop Down Values: Total Default,
Short Deduction, Short Payment and
so on
Default can be viewed across all
F.Y from F.Y 2007-08 onwards for all
TANs
In TRACES website, e-tutorial is given, which is self explanatory.
Will help to resolve your problems without coming to the department.
THANK YOU