Tds seminar national handloom

Dhruv Seth
Dhruv SethPartner at Seth & Associates (Chartered Accountants)
TAX DEDUCTION &
COLLECTION AT SOURCE
CA. DHRUV SETH
DS@SETHSPRO.COM
WWW.SETHSPRO.COM
Coverage
Basic TDS provisions
Differentiating between the sections
Procedural aspects of TDS
Penal Consequences of TDS
Sec – 192 – TDS on Salary
Every person paying any income
chargeable under the head “Salaries”
exceeds
Rs. 2,00,000/- for Individual
Rs. 2,50,000/- in case of Senior Citizen
Rs. 5,00,000/- in case of Very Senior Citizen
Sec – 192 – TDS on Salary
Calculated at
Average Income Tax computed on the
basis of rates in force.
Education Cess + SHE Cess to be applied
No Surcharge
 The employee having income chargeable under
any other head of income may inform such
incomes and TDS to employer Form 12C
 Sec 192(3) allow the deductor to make
adjustments for any excess or shortfall in the
deduction of tax already made during the
financial year.
Sec – 192 – TDS on Salary
Sec 194A – Interest
 By any person (Not being Individual or HUF whose
total turnover in previous year less than 40 Lacs) if
Interest more than
 If payer is Bank - Rs 10,000/- or
 in Other Cases - Rs 5,000/-
 At the time or Credit or payment which ever is
earlier @10%
Sec 194C(1) – Contracts
Applies to -
Central or State Government, Local Authority
Corporation, Company or Co-op Society
Authority for housing accommodation
Society, Trust, University
Partnership firm
Individual, HUF, AOP & BOI whose turnover in
Immediately preceding year was more than 40
Lacs
Work contracts including:-
Supply of labour for carrying out work
Advertising
Broadcasting & Telecasting
Carriage of goods and passengers by any
mode of transport other than railways.
Catering
Sec 194C(1) – Contracts
 Exemption:-
 Rs 30,000/- per credit/payment and
 Rs 75,000/- per financial year
 Nil for transporter if PAN available.
 On Invoice value, excluding value of material if
value of material is mentioned separately.
 At the time of payment or credit which ever is
earlier
Sec 194C(1) – Contracts
Exemption Limit Rs 5,000/-
By all (Individual & HUF whose turnover in
Immediately preceding year was more
than 40 Lacs)
Deduction 10%
Sec 194H – Commission
Sec 194I – Rent
 By all (Individual & HUF whose turnover in Immediately
preceding year was more than 40 Lacs)
 Deductible if More than Rs 1,80,000/- per year
 Rent means any payment for the use of
 Building, Furniture or fittings - 10%
 Machinery or Plant or equipment's - 2%
Sec 194J – Professional & Technical
 By all (Individual & HUF whose turnover in
Immediately preceding year was more than 40
Lacs)
 Exempt- Rs 20,000/- per year
 Rate - 10%
 Fees for Professional Services
 Fees for Technical Services
 Royalty or non compete payments
Sec 195 - Payment to Non residents
 Interest or other sums (Other than salary and
dividend u/s 115-O) to Non residents or the foreign
company
 At the rate specified in Finance act or as per DTAA,
which ever is beneficial to the assessee
 From 1st
July 2009 remittance can be made after
filing form 15CA/15CB
Non Furnishing of PAN- Section
206AA
From 1st
April 2010
 Any person who is entitled to receive any sum on
which tax is deductible shall furnish his PAN to the
deductor then TDS is liable to be deducted
 The Rate specified
 Or 20%
Whichever is Higher
Tax Collection at Source- Sec
206C
 Every person being a seller shall collect TCS
 No Minimum Exemption limit
 Alcoholic liquor for human consumption- 1%
 Tendu Leaves 5%
 Timber under forest lease, any other forest produce-
2.5%
 Scrap 1%
Penal Consequences
 Disallowance of expense U/s 40a(i)(a)
 Interest @1.5% per month till default continues
 Late filing of TDS return – Fees of Rs. 200 per day
 Wrong filing of TDS return – Upto Rs. 1 lac
 Prosecution for not depositing deducted TDS
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Tds seminar national handloom

  • 1. TAX DEDUCTION & COLLECTION AT SOURCE CA. DHRUV SETH DS@SETHSPRO.COM WWW.SETHSPRO.COM
  • 2. Coverage Basic TDS provisions Differentiating between the sections Procedural aspects of TDS Penal Consequences of TDS
  • 3. Sec – 192 – TDS on Salary Every person paying any income chargeable under the head “Salaries” exceeds Rs. 2,00,000/- for Individual Rs. 2,50,000/- in case of Senior Citizen Rs. 5,00,000/- in case of Very Senior Citizen
  • 4. Sec – 192 – TDS on Salary Calculated at Average Income Tax computed on the basis of rates in force. Education Cess + SHE Cess to be applied No Surcharge
  • 5.  The employee having income chargeable under any other head of income may inform such incomes and TDS to employer Form 12C  Sec 192(3) allow the deductor to make adjustments for any excess or shortfall in the deduction of tax already made during the financial year. Sec – 192 – TDS on Salary
  • 6. Sec 194A – Interest  By any person (Not being Individual or HUF whose total turnover in previous year less than 40 Lacs) if Interest more than  If payer is Bank - Rs 10,000/- or  in Other Cases - Rs 5,000/-  At the time or Credit or payment which ever is earlier @10%
  • 7. Sec 194C(1) – Contracts Applies to - Central or State Government, Local Authority Corporation, Company or Co-op Society Authority for housing accommodation Society, Trust, University Partnership firm Individual, HUF, AOP & BOI whose turnover in Immediately preceding year was more than 40 Lacs
  • 8. Work contracts including:- Supply of labour for carrying out work Advertising Broadcasting & Telecasting Carriage of goods and passengers by any mode of transport other than railways. Catering Sec 194C(1) – Contracts
  • 9.  Exemption:-  Rs 30,000/- per credit/payment and  Rs 75,000/- per financial year  Nil for transporter if PAN available.  On Invoice value, excluding value of material if value of material is mentioned separately.  At the time of payment or credit which ever is earlier Sec 194C(1) – Contracts
  • 10. Exemption Limit Rs 5,000/- By all (Individual & HUF whose turnover in Immediately preceding year was more than 40 Lacs) Deduction 10% Sec 194H – Commission
  • 11. Sec 194I – Rent  By all (Individual & HUF whose turnover in Immediately preceding year was more than 40 Lacs)  Deductible if More than Rs 1,80,000/- per year  Rent means any payment for the use of  Building, Furniture or fittings - 10%  Machinery or Plant or equipment's - 2%
  • 12. Sec 194J – Professional & Technical  By all (Individual & HUF whose turnover in Immediately preceding year was more than 40 Lacs)  Exempt- Rs 20,000/- per year  Rate - 10%  Fees for Professional Services  Fees for Technical Services  Royalty or non compete payments
  • 13. Sec 195 - Payment to Non residents  Interest or other sums (Other than salary and dividend u/s 115-O) to Non residents or the foreign company  At the rate specified in Finance act or as per DTAA, which ever is beneficial to the assessee  From 1st July 2009 remittance can be made after filing form 15CA/15CB
  • 14. Non Furnishing of PAN- Section 206AA From 1st April 2010  Any person who is entitled to receive any sum on which tax is deductible shall furnish his PAN to the deductor then TDS is liable to be deducted  The Rate specified  Or 20% Whichever is Higher
  • 15. Tax Collection at Source- Sec 206C  Every person being a seller shall collect TCS  No Minimum Exemption limit  Alcoholic liquor for human consumption- 1%  Tendu Leaves 5%  Timber under forest lease, any other forest produce- 2.5%  Scrap 1%
  • 16. Penal Consequences  Disallowance of expense U/s 40a(i)(a)  Interest @1.5% per month till default continues  Late filing of TDS return – Fees of Rs. 200 per day  Wrong filing of TDS return – Upto Rs. 1 lac  Prosecution for not depositing deducted TDS

Editor's Notes

  1. Individual:- 1.50 to 3.00 10% 3.00 to 5.00 20% > 5 30%
  2. Interest to partners by firm not covered. Limit of Rs 10,000/- per Branch basis in case of banks and Housing Companies 15G/15H can be furnished for non deduction