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AMIT KUMAR TAX DEDUCTION AT SOURCE
1
Tax
Deducted at
Source
AMIT KUMAR TAX DEDUCTION AT SOURCE
2
Tax Deduction at Source
Concept of TDS
Any person (other than Individual & HUF) who is responsible for paying to a _________ any income by
way of ______________________________________ is required to deduct tax thereon at the rates in
force.
Note: Individuals and HUF whose total sales, gross receipts or turnover from the business or profession
carried on by him exceed one crore rupees in case of business or fifty lakh rupees in case of profession
during the financial year immediately preceding the financial year, are also required to deduct tax at
source.
When to Deduct Tax?
Tax is to be deducted either at the time of payment of __________ in cash or by issue of cheque or draft
or by any other mode or credit of it to any account, whichever is earlier.
Note: Where any income by way of ________ is credited to any account whether called
__________________ or “Suspense Account” or by any other name in the books of account of the
person liable to pay such income, such crediting shall be deemed to be credit of such income to the
account of the payee.
Section Type of
Payment
Payer Payee When No TDS Rate of
TDS
192 Salaries Employer Employee At the time of
payment
Nil Rates of tax
applicable to
employee for
the financial
year in which
payment is
made.
192A Accumulated
balance due to an
employee from
PF
Trustees of
PF
Employee At the time of
payment
Amount is less
than Rs.50,000
[Amended w.e.f.
01-06-2016,
Prior to
amendment it
was : Rs.30,000]
10%
If PAN not
given
MMR
(33.535%)
193 Interest on
Securities
Any person Resident At the time of
payment or
credit
w.e. is earlier
Upto Rs.5,000
during a financial
year in case of an
Individual/HUF
10%
Note: Any interest payable on security of the CG/SG is exempt from TDS however TDS applicable in case of 8%
saving (taxable) bonds, 2003 or 7.75% saving (taxable) bonds, 2018 provided the interest on such bonds exceed
Rs.10,000 during the financial year.
AMIT KUMAR TAX DEDUCTION AT SOURCE
3
194A Interest other than
Interest on
Securities
Any person
other than an
Individual or
HUF.
Resident At the time of
payment or
credit
w.e. is earlier
Upto Rs.40,000
during a financial
year in case of
payments by
bank/cooperative
bank or on post
office deposits;
50,000 (in case
of senior citizen)
and upto
Rs.5,000 in other
cases.
10%
194B Winnings from
lottery, crossword
puzzles or card
game & other
game of any sort.
Any person Any person Payment Upto Rs.10,000 30%
194-BB Winnings from
House races
➢ A
bookmaker
➢ A person
having
licence for
horse
racing or
arranging a
wager or
bet in any
race course
Any person Payment Upto Rs.10,000
[Amended w.e.f.
01-06-2016,
Prior to
amendment it
was : Rs.5,000]
30%
194C Payment to
contractor for
carrying out any
work (including
supply of labour
for carrying out
any work) in
pursuance of a
contract between
the contractor and
a specified person
Specified
person (a) to
(l)
Resident
contractor
(Note:
“contract”
shall include
sub-contract.
Hence,
contractor
shall include
sub-
contractor)
At the time of
payment or
credit
w.e. is earlier
➢ Upto Rs.30,000
(for an
individual
contract)
➢ Aggregate upto
Rs.1,00,000 for
each payee.
[Amended
w.e.f. 1-6-2016,
Prior to
amendment it
was :
Rs.75,000]
➢ Payment in
course of
business of
plying, hiring
or leasing
goods carriage,
where such
contractor owns
10 or less
goods carriages
(i) 1%, if
payee is an
individual
or a HUF
(ii) 2%, if
payee is
any other
person, of
the sum
paid or
credited.
(iii)Nil, if
transporter
quote PAN
AMIT KUMAR TAX DEDUCTION AT SOURCE
4
at any time
during the
previous year
and furnishes a
declaration to
that effect
along with his
PAN, to the
person paying
or crediting
such sum.
194D Insurance
Commission
Any person Resident At the time of
payment or
credit
w.e. is earlier
Upto Rs.15,000
during a financial
year [Amended
w.e.f. 1-6-2016,
Prior to
amendment it
was : Rs.20,000]
Resident
person other
than
Company =
5%
Domestic
Company =
10%
194DA Payment in
respect of life
insurance policy
(not exempt u/s
10(10D))
Any person Resident Nil Upto Rs.1,00,000 5% of net
income
[Amended
by Finance
Act, 2019]
194E Payment to non-
resident
sportsmen or
sports association
of income
referred to u/s
115BBA, or
Entertainer
Any person Non-resident
➢ Sportsmen
being
foreign
citizen; or
➢ Sports
association;
or
➢ Entertainer
being
foreign
citizen.
At the time of
payment or
credit
w.e. is earlier
Nil 20%
+ Surcharge
+ CESS
194EE Payments in
respect of
deposits under
National Savings
Scheme, etc.
Any person Any person Payment Upto Rs.2,500 10%
[Amended
w.e.f. 1-6-
2016, Prior to
amendment it
was: 20%]
194G Commission,
remuneration or
prize for stocking,
distributing,
purchasing/selling
lottery tickets.
Any person Any person At the time of
payment or
credit
w.e. is earlier
Upto Rs.15,000
[Amended w.e.f.
1-6-2016, Prior
to amendment it
was: Rs.1,000]
5%
[Amended
w.e.f. 1-6-
2016, Prior to
amendment it
was: 10%]
AMIT KUMAR TAX DEDUCTION AT SOURCE
5
194H Commission or
brokerage
Any person
other than an
Individual or
HUF.
Resident At the time of
payment or
credit
w.e. is earlier
Upto Rs.15,000
[Amended w.e.f.
1-6-2016, Prior
to amendment it
was: Rs.5,000]
5%
[Amended
w.e.f. 1-6-
2016, Prior to
amendment it
was: 10%]
194-I Rent Any person
other than an
Individual or
HUF.
Resident At the time of
payment or
credit
w.e. is earlier
Upto Rs.2,40,000
during a financial
year. Where the
income by way
of rent is credited
or paid to a
business trust,
being a real
estate investment
trust, in respect
of any real estate
asset, referred to
in Section
10(23FCA),
owned directly
by such business
trust.
➢ Rent for
use of any
machinery
or plant or
equipment :
2%
➢ Any other
case : 10%
194-IA Consideration or
transfer of
immovable
property other
than agricultural
land
Any person
being a
transferee
Resident
transferor
At the time of
payment or
credit
w.e. is earlier
Less than
Rs.50,00,000
1%
Explanation: An explanation has been added u/s 194-IA which clarifies the scope of the phrase ‘consideration for
immovable property. ‘Consideration for immovable property’ shall include all charges of the nature of club
membership fee, car parking fee, electricity or water facility fee, maintenance fee, advance fee or any other charges
of similar nature, which are incidental to transfer of the immovable property.
194-IB Payment of rent
by certain
Individuals or
HUF
Individual or
HUF
Resident At the time of
payment or
credit
w.e. is earlier
Rs.50,000 for a
month or a part
of the month
5%
Note: At the time of credit of rent means credit of rent for the last month of 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 payee.
194-IC Payment under
JDA
Any person Resident
(Individual or
HUF only)
At the time of
payment or
credit
w.e. is earlier
Nil 10%
194J ➢ Fees for
professional
services
➢ Fees for
Any person
other than an
Individual or
HUF.
Resident At the time of
payment or
credit
w.e. is earlier
Upto Rs.30,000
during a financial
year for each
kind of payment
10%
w.e.f. 1/6/17
in case of
payee,
AMIT KUMAR TAX DEDUCTION AT SOURCE
6
technical
services
➢ Royalty; or
➢ Any
remuneration
or fees or
commission to
a director of a
company; or
➢ Non-
competing or
exclusively
fees referred
u/s/ 28(va)
separately.
No threshold
limit of
Rs.30,000 in case
of payment to a
director.
engaged only
in the
business of
operation of
call centre,
rate = 2%
194-LA Compensation on
compulsory
acquisition
Any person Resident At the time of
payment or
credit
w.e. is earlier
Upto
Rs.2,50,000
during a
financial year.
[Amended by
w.e.f. 01-06-
2016, Prior to
amendment it
was :
Rs.2,00,000]
10%
Dividends [Section 194]
The principal officer of an Indian company or a company which has made the prescribed
arrangements for the declaration and payment of dividends (including dividends on
preference shares) within India, shall, before making any payment [by any mode] in
respect of any dividend or before making any distribution or payment to a shareholder,
who is resident in India, of any dividend within the meaning of sub-clause (a) or sub-
clause (b) or sub-clause (c) or sub-clause (d) or sub-clause (e) of clause (22) of section 2,
deduct from the amount of such dividend, income-tax [at the rate of ten per cent] :
Provided that no such deduction shall be made in the case of a shareholder, being an
individual, if—
(a) the dividend is paid by the company by [any mode other than cash]; and
(b) the amount of such dividend or, as the case may be, the aggregate of the amounts
of such dividend distributed or paid or likely to be distributed or paid during the
financial year by the company to the shareholder, does not exceed [five thousand]
rupees:
AMIT KUMAR TAX DEDUCTION AT SOURCE
7
Provided further that the provisions of this section shall not apply to such income credited
or paid to—
(a) the Life Insurance Corporation of India established under the Life Insurance
Corporation Act, 1956 (31 of 1956), in respect of any shares owned by it or in
which it has full beneficial interest;
(b) the General Insurance Corporation of India (hereafter in this proviso referred to as
the Corporation) or to any of the four companies (hereafter in this proviso referred
to as such company), formed by virtue of the schemes framed under sub-section
(1) of section 16 of the General Insurance Business (Nationalisation) Act, 1972 (57
of 1972), in respect of any shares owned by the Corporation or such company or in
which the Corporation or such company has full beneficial interest;
(c) any other insurer in respect of any shares owned by it or in which it has full
beneficial interest;
(d) a "business trust", as defined in clause (13A) of section 2, by a special purpose
vehicle referred to in the Explanation to clause (23FC) of section 10;
(e) any other person as may be notified by the Central Government in the Official
Gazette in this behalf.
Income in respect of units [Section 194K]
Any person responsible for paying to a resident any income in respect of—
(a) units of a Mutual Fund specified under clause (23D) of section 10; or
(b) units from the Administrator of the specified undertaking; or
(c) units from the specified company,
shall, at the time of credit of such income to the account of the payee or at the time of
payment thereof by any mode, whichever is earlier, deduct income-tax thereon at the rate
of ten per cent:
Provided that the provisions of this section shall not apply—
(i) where the amount of such income or, as the case may be, the aggregate of the
amounts of such income credited or paid or likely to be credited or paid during the
financial year by the person responsible for making the payment to the account of,
or to, the payee does not exceed five thousand rupees; or
(ii) if the income is of the nature of capital gains.
AMIT KUMAR TAX DEDUCTION AT SOURCE
8
Explanation 1.—For the purposes of this section,—
(a) "Administrator" means the Administrator as referred to in clause (a) of section 2 of
the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of
2002);
(b) "specified company" means a company as referred to in clause (h) of section 2 of
the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of
2002);
(c) "specified undertaking" shall have the meaning assigned to it in clause (i) of
section 2 of the Unit Trust of India (Transfer of Undertaking and Repeal) Act,
2002 (58 of 2002).
Explanation 2.—For the removal of doubts, it is hereby clarified that where any income
referred to in this section is credited to any account, whether called "suspense account" or
by any other name, in the books of account of the person liable to pay such income, such
crediting shall be deemed to be the credit of such income to the account of the payee and
the provisions of this section shall apply accordingly.
Payment of certain sums by certain individuals or Hindu undivided family [Section
194M]
(1) Any person, being an individual or a Hindu undivided family (other than those
who are required to deduct income-tax as per the provisions of section
194C, section 194H or section 194J) responsible for paying any sum to any
resident for carrying out any work (including supply of labour for carrying out any
work) in pursuance of a contract, by way of commission (not being insurance
commission referred to in section 194D) or brokerage or by way of fees for
professional services during the financial year, shall, at the time of credit of such
sum or at the time of payment of such sum in cash or by issue of a cheque or draft
or by any other mode, whichever is earlier, deduct an amount equal to five per cent
of such sum as income-tax thereon:
Provided that no such deduction under this section shall be made if such sum or, as
the case may be, aggregate of such sums, credited or paid to a resident during a
financial year does not exceed fifty lakh rupees.
(2) The provisions of section 203A shall not apply to a person required to deduct tax in
accordance with the provisions of this section.
Explanation.—For the purposes of this section,—
(a) "contract" shall have the meaning assigned to it in clause (iii) of
the Explanation to section 194C;
AMIT KUMAR TAX DEDUCTION AT SOURCE
9
(b) "commission or brokerage" shall have the meaning assigned to it in clause
(i) of the Explanation to section 194H;
(c) "professional services" shall have the meaning assigned to it in clause (a) of
the Explanation to section 194J;
(d) "work" shall have the meaning assigned to it in clause (iv) of
the Explanation to section 194C.
Payment of certain amounts in cash [Section194N]
Every person, being,—
(i) a banking company to which the Banking Regulation Act, 1949 (10 of 1949)
applies (including any bank or banking institution referred to in section 51 of that
Act);
(ii) a co-operative society engaged in carrying on the business of banking; or
(iii) a post office,
who is responsible for paying any sum, being the amount or the aggregate of amounts, as
the case may be, in cash exceeding one crore rupees during the previous year, to any
person (herein referred to as the recipient) from one or more accounts maintained by the
recipient with it shall, at the time of payment of such sum, deduct an amount equal to two
per cent of such sum, as income-tax:
Provided that in case of a recipient who has not filed the returns of income for all of the
three assessment years relevant to the three previous years, for which the time limit of file
return of income under sub-section (1) of section 139 has expired, immediately preceding
the previous year in which the payment of the sum is made to him, the provision of this
section shall apply with the modification that—
(i) the sum shall be the amount or the aggregate of amounts, as the case may be, in
cash exceeding twenty lakh rupees during the previous year; and
(ii) the deduction shall be—
(a) an amount equal to two per cent of the sum where the amount or aggregate
of amounts, as the case may be, being paid in cash exceeds twenty lakh
rupees during the previous year but does not exceed one crore rupees; or
(b) an amount equal to five per cent of the sum where the amount or aggregate
of amounts, as the case may be, being paid in cash exceeds one crore rupees
during the previous year:
AMIT KUMAR TAX DEDUCTION AT SOURCE
10
Provided further that the Central Government may specify in consultation with
the Reserve Bank of India, by notification in the Official Gazette, the recipient in
whose case the first proviso shall not apply or apply at reduced rate, if such
recipient satisfies the conditions specified in such notification:
Provided also that nothing contained in this section shall apply to any payment
made to—
(i) the Government;
(ii) any banking company or co-operative society engaged in carrying on the
business of banking or a post office;
(iii) any business correspondent of a banking company or co-operative society
engaged in carrying on the business of banking, in accordance with the
guidelines issued in this regard by the Reserve Bank of India under the
Reserve Bank of India Act, 1934 (2 of 1934);
(iv) any white label automated teller machine operator of a banking company or
co-operative society engaged in carrying on the business of banking, in
accordance with the authorisation issued by the Reserve Bank of India under
the Payment and Settlement Systems Act, 2007 (51 of 2007):
Provided also that the Central Government may specify in consultation with the
Reserve Bank of India, by notification in the Official Gazette, the recipient in
whose case the provision of this section shall not apply or apply at reduced rate, if
such recipient satisfies the conditions specified in such notification.
Payment of certain sums by e-commerce operator to e-commerce participant
[Section 194-O]
(1) Notwithstanding anything to the contrary contained in any of the provisions of Part
B of this Chapter, where sale of goods or provision of services of an e-commerce
participant is facilitated by an e-commerce operator through its digital or electronic
facility or platform (by whatever name called), such e-commerce operator shall, at
the time of credit of amount of sale or services or both to the account of an e-
commerce participant or at the time of payment thereof to such e-commerce
participant by any mode, whichever is earlier, deduct income-tax at the rate of one
per cent of the gross amount of such sales or services or both.
Explanation.—For the purposes of this sub-section, any payment made by a purchaser of
goods or recipient of services directly to an e-commerce participant for the sale of goods
or provision of services or both, facilitated by an e-commerce operator, shall be deemed
to be the amount credited or paid by the e-commerce operator to the e-commerce
participant and shall be included in the gross amount of such sale or services for the
purpose of deduction of income-tax under this sub-section.
AMIT KUMAR TAX DEDUCTION AT SOURCE
11
(2) No deduction under sub-section (1) shall be made from any sum credited or paid or
likely to be credited or paid during the previous year to the account of an e-
commerce participant, being an individual or Hindu undivided family, where the
gross amount of such sale or services or both during the previous year does not
exceed five lakh rupees and such e-commerce participant has furnished his
Permanent Account Number or Aadhaar number to the e-commerce operator.
(3) Notwithstanding anything contained in Part B of this Chapter, a transaction in
respect of which tax has been deducted by the e-commerce operator under sub-
section (1), or which is not liable to deduction under sub-section (2), shall not be
liable to tax deduction at source under any other provision of this Chapter:
Provided that the provisions of this sub-section shall not apply to any amount or
aggregate of amounts received or receivable by an e-commerce operator for
hosting advertisements or providing any other services which are not in connection
with the sale or services referred to in sub-section (1).
(4) If any difficulty arises in giving effect to the provisions of this section, the Board
may, with the approval of the Central Government, issue guidelines for the purpose
of removing the difficulty.
(5) Every guideline issued by the Board under sub-section (4) shall be laid before each
House of Parliament, and shall be binding on the income-tax authorities and on the
e-commerce operator.
(6) For the purposes of this section, e-commerce operator shall be deemed to be the
person responsible for paying to e-commerce participant.
Explanation.—For the purposes of this section,—
(a) "electronic commerce" means the supply of goods or services or both, including
digital products, over digital or electronic network;
(b) "e-commerce operator" means a person who owns, operates or manages digital or
electronic facility or platform for electronic commerce;
(c) "e-commerce participant" means a person resident in India selling goods or
providing services or both, including digital products, through digital or electronic
facility or platform for electronic commerce;
(d) "services" includes "fees for technical services" and fees for "professional
services", as defined in the Explanation to section 194J.]
AMIT KUMAR TAX DEDUCTION AT SOURCE
12
Note 1: (for Sec.194A)
194A is applicable on co-operative society also
• Turnover of co-operative society > 50Cr
• Threshold limit = 40,000(to member or any other co-operative society)/50,000 (in
case of senior citizen)

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TDS 1-1.pdf

  • 1. AMIT KUMAR TAX DEDUCTION AT SOURCE 1 Tax Deducted at Source
  • 2. AMIT KUMAR TAX DEDUCTION AT SOURCE 2 Tax Deduction at Source Concept of TDS Any person (other than Individual & HUF) who is responsible for paying to a _________ any income by way of ______________________________________ is required to deduct tax thereon at the rates in force. Note: Individuals and HUF whose total sales, gross receipts or turnover from the business or profession carried on by him exceed one crore rupees in case of business or fifty lakh rupees in case of profession during the financial year immediately preceding the financial year, are also required to deduct tax at source. When to Deduct Tax? Tax is to be deducted either at the time of payment of __________ in cash or by issue of cheque or draft or by any other mode or credit of it to any account, whichever is earlier. Note: Where any income by way of ________ is credited to any account whether called __________________ or “Suspense Account” or by any other name in the books of account of the person liable to pay such income, such crediting shall be deemed to be credit of such income to the account of the payee. Section Type of Payment Payer Payee When No TDS Rate of TDS 192 Salaries Employer Employee At the time of payment Nil Rates of tax applicable to employee for the financial year in which payment is made. 192A Accumulated balance due to an employee from PF Trustees of PF Employee At the time of payment Amount is less than Rs.50,000 [Amended w.e.f. 01-06-2016, Prior to amendment it was : Rs.30,000] 10% If PAN not given MMR (33.535%) 193 Interest on Securities Any person Resident At the time of payment or credit w.e. is earlier Upto Rs.5,000 during a financial year in case of an Individual/HUF 10% Note: Any interest payable on security of the CG/SG is exempt from TDS however TDS applicable in case of 8% saving (taxable) bonds, 2003 or 7.75% saving (taxable) bonds, 2018 provided the interest on such bonds exceed Rs.10,000 during the financial year.
  • 3. AMIT KUMAR TAX DEDUCTION AT SOURCE 3 194A Interest other than Interest on Securities Any person other than an Individual or HUF. Resident At the time of payment or credit w.e. is earlier Upto Rs.40,000 during a financial year in case of payments by bank/cooperative bank or on post office deposits; 50,000 (in case of senior citizen) and upto Rs.5,000 in other cases. 10% 194B Winnings from lottery, crossword puzzles or card game & other game of any sort. Any person Any person Payment Upto Rs.10,000 30% 194-BB Winnings from House races ➢ A bookmaker ➢ A person having licence for horse racing or arranging a wager or bet in any race course Any person Payment Upto Rs.10,000 [Amended w.e.f. 01-06-2016, Prior to amendment it was : Rs.5,000] 30% 194C Payment to contractor for carrying out any work (including supply of labour for carrying out any work) in pursuance of a contract between the contractor and a specified person Specified person (a) to (l) Resident contractor (Note: “contract” shall include sub-contract. Hence, contractor shall include sub- contractor) At the time of payment or credit w.e. is earlier ➢ Upto Rs.30,000 (for an individual contract) ➢ Aggregate upto Rs.1,00,000 for each payee. [Amended w.e.f. 1-6-2016, Prior to amendment it was : Rs.75,000] ➢ Payment in course of business of plying, hiring or leasing goods carriage, where such contractor owns 10 or less goods carriages (i) 1%, if payee is an individual or a HUF (ii) 2%, if payee is any other person, of the sum paid or credited. (iii)Nil, if transporter quote PAN
  • 4. AMIT KUMAR TAX DEDUCTION AT SOURCE 4 at any time during the previous year and furnishes a declaration to that effect along with his PAN, to the person paying or crediting such sum. 194D Insurance Commission Any person Resident At the time of payment or credit w.e. is earlier Upto Rs.15,000 during a financial year [Amended w.e.f. 1-6-2016, Prior to amendment it was : Rs.20,000] Resident person other than Company = 5% Domestic Company = 10% 194DA Payment in respect of life insurance policy (not exempt u/s 10(10D)) Any person Resident Nil Upto Rs.1,00,000 5% of net income [Amended by Finance Act, 2019] 194E Payment to non- resident sportsmen or sports association of income referred to u/s 115BBA, or Entertainer Any person Non-resident ➢ Sportsmen being foreign citizen; or ➢ Sports association; or ➢ Entertainer being foreign citizen. At the time of payment or credit w.e. is earlier Nil 20% + Surcharge + CESS 194EE Payments in respect of deposits under National Savings Scheme, etc. Any person Any person Payment Upto Rs.2,500 10% [Amended w.e.f. 1-6- 2016, Prior to amendment it was: 20%] 194G Commission, remuneration or prize for stocking, distributing, purchasing/selling lottery tickets. Any person Any person At the time of payment or credit w.e. is earlier Upto Rs.15,000 [Amended w.e.f. 1-6-2016, Prior to amendment it was: Rs.1,000] 5% [Amended w.e.f. 1-6- 2016, Prior to amendment it was: 10%]
  • 5. AMIT KUMAR TAX DEDUCTION AT SOURCE 5 194H Commission or brokerage Any person other than an Individual or HUF. Resident At the time of payment or credit w.e. is earlier Upto Rs.15,000 [Amended w.e.f. 1-6-2016, Prior to amendment it was: Rs.5,000] 5% [Amended w.e.f. 1-6- 2016, Prior to amendment it was: 10%] 194-I Rent Any person other than an Individual or HUF. Resident At the time of payment or credit w.e. is earlier Upto Rs.2,40,000 during a financial year. Where the income by way of rent is credited or paid to a business trust, being a real estate investment trust, in respect of any real estate asset, referred to in Section 10(23FCA), owned directly by such business trust. ➢ Rent for use of any machinery or plant or equipment : 2% ➢ Any other case : 10% 194-IA Consideration or transfer of immovable property other than agricultural land Any person being a transferee Resident transferor At the time of payment or credit w.e. is earlier Less than Rs.50,00,000 1% Explanation: An explanation has been added u/s 194-IA which clarifies the scope of the phrase ‘consideration for immovable property. ‘Consideration for immovable property’ shall include all charges of the nature of club membership fee, car parking fee, electricity or water facility fee, maintenance fee, advance fee or any other charges of similar nature, which are incidental to transfer of the immovable property. 194-IB Payment of rent by certain Individuals or HUF Individual or HUF Resident At the time of payment or credit w.e. is earlier Rs.50,000 for a month or a part of the month 5% Note: At the time of credit of rent means credit of rent for the last month of 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 payee. 194-IC Payment under JDA Any person Resident (Individual or HUF only) At the time of payment or credit w.e. is earlier Nil 10% 194J ➢ Fees for professional services ➢ Fees for Any person other than an Individual or HUF. Resident At the time of payment or credit w.e. is earlier Upto Rs.30,000 during a financial year for each kind of payment 10% w.e.f. 1/6/17 in case of payee,
  • 6. AMIT KUMAR TAX DEDUCTION AT SOURCE 6 technical services ➢ Royalty; or ➢ Any remuneration or fees or commission to a director of a company; or ➢ Non- competing or exclusively fees referred u/s/ 28(va) separately. No threshold limit of Rs.30,000 in case of payment to a director. engaged only in the business of operation of call centre, rate = 2% 194-LA Compensation on compulsory acquisition Any person Resident At the time of payment or credit w.e. is earlier Upto Rs.2,50,000 during a financial year. [Amended by w.e.f. 01-06- 2016, Prior to amendment it was : Rs.2,00,000] 10% Dividends [Section 194] The principal officer of an Indian company or a company which has made the prescribed arrangements for the declaration and payment of dividends (including dividends on preference shares) within India, shall, before making any payment [by any mode] in respect of any dividend or before making any distribution or payment to a shareholder, who is resident in India, of any dividend within the meaning of sub-clause (a) or sub- clause (b) or sub-clause (c) or sub-clause (d) or sub-clause (e) of clause (22) of section 2, deduct from the amount of such dividend, income-tax [at the rate of ten per cent] : Provided that no such deduction shall be made in the case of a shareholder, being an individual, if— (a) the dividend is paid by the company by [any mode other than cash]; and (b) the amount of such dividend or, as the case may be, the aggregate of the amounts of such dividend distributed or paid or likely to be distributed or paid during the financial year by the company to the shareholder, does not exceed [five thousand] rupees:
  • 7. AMIT KUMAR TAX DEDUCTION AT SOURCE 7 Provided further that the provisions of this section shall not apply to such income credited or paid to— (a) the Life Insurance Corporation of India established under the Life Insurance Corporation Act, 1956 (31 of 1956), in respect of any shares owned by it or in which it has full beneficial interest; (b) the General Insurance Corporation of India (hereafter in this proviso referred to as the Corporation) or to any of the four companies (hereafter in this proviso referred to as such company), formed by virtue of the schemes framed under sub-section (1) of section 16 of the General Insurance Business (Nationalisation) Act, 1972 (57 of 1972), in respect of any shares owned by the Corporation or such company or in which the Corporation or such company has full beneficial interest; (c) any other insurer in respect of any shares owned by it or in which it has full beneficial interest; (d) a "business trust", as defined in clause (13A) of section 2, by a special purpose vehicle referred to in the Explanation to clause (23FC) of section 10; (e) any other person as may be notified by the Central Government in the Official Gazette in this behalf. Income in respect of units [Section 194K] Any person responsible for paying to a resident any income in respect of— (a) units of a Mutual Fund specified under clause (23D) of section 10; or (b) units from the Administrator of the specified undertaking; or (c) units from the specified company, shall, at the time of credit of such income to the account of the payee or at the time of payment thereof by any mode, whichever is earlier, deduct income-tax thereon at the rate of ten per cent: Provided that the provisions of this section shall not apply— (i) where the amount of such income or, as the case may be, the aggregate of the amounts of such income credited or paid or likely to be credited or paid during the financial year by the person responsible for making the payment to the account of, or to, the payee does not exceed five thousand rupees; or (ii) if the income is of the nature of capital gains.
  • 8. AMIT KUMAR TAX DEDUCTION AT SOURCE 8 Explanation 1.—For the purposes of this section,— (a) "Administrator" means the Administrator as referred to in clause (a) of section 2 of the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of 2002); (b) "specified company" means a company as referred to in clause (h) of section 2 of the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of 2002); (c) "specified undertaking" shall have the meaning assigned to it in clause (i) of section 2 of the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of 2002). Explanation 2.—For the removal of doubts, it is hereby clarified that where any income referred to in this section is credited to any account, whether called "suspense account" or by any other name, in the books of account of the person liable to pay such income, such crediting shall be deemed to be the credit of such income to the account of the payee and the provisions of this section shall apply accordingly. Payment of certain sums by certain individuals or Hindu undivided family [Section 194M] (1) Any person, being an individual or a Hindu undivided family (other than those who are required to deduct income-tax as per the provisions of section 194C, section 194H or section 194J) responsible for paying any sum to any resident for carrying out any work (including supply of labour for carrying out any work) in pursuance of a contract, by way of commission (not being insurance commission referred to in section 194D) or brokerage or by way of fees for professional services during the financial year, shall, at the time of credit of such sum or at the time of payment of such sum in cash or by issue of a cheque or draft or by any other mode, whichever is earlier, deduct an amount equal to five per cent of such sum as income-tax thereon: Provided that no such deduction under this section shall be made if such sum or, as the case may be, aggregate of such sums, credited or paid to a resident during a financial year does not exceed fifty lakh rupees. (2) The provisions of section 203A shall not apply to a person required to deduct tax in accordance with the provisions of this section. Explanation.—For the purposes of this section,— (a) "contract" shall have the meaning assigned to it in clause (iii) of the Explanation to section 194C;
  • 9. AMIT KUMAR TAX DEDUCTION AT SOURCE 9 (b) "commission or brokerage" shall have the meaning assigned to it in clause (i) of the Explanation to section 194H; (c) "professional services" shall have the meaning assigned to it in clause (a) of the Explanation to section 194J; (d) "work" shall have the meaning assigned to it in clause (iv) of the Explanation to section 194C. Payment of certain amounts in cash [Section194N] Every person, being,— (i) a banking company to which the Banking Regulation Act, 1949 (10 of 1949) applies (including any bank or banking institution referred to in section 51 of that Act); (ii) a co-operative society engaged in carrying on the business of banking; or (iii) a post office, who is responsible for paying any sum, being the amount or the aggregate of amounts, as the case may be, in cash exceeding one crore rupees during the previous year, to any person (herein referred to as the recipient) from one or more accounts maintained by the recipient with it shall, at the time of payment of such sum, deduct an amount equal to two per cent of such sum, as income-tax: Provided that in case of a recipient who has not filed the returns of income for all of the three assessment years relevant to the three previous years, for which the time limit of file return of income under sub-section (1) of section 139 has expired, immediately preceding the previous year in which the payment of the sum is made to him, the provision of this section shall apply with the modification that— (i) the sum shall be the amount or the aggregate of amounts, as the case may be, in cash exceeding twenty lakh rupees during the previous year; and (ii) the deduction shall be— (a) an amount equal to two per cent of the sum where the amount or aggregate of amounts, as the case may be, being paid in cash exceeds twenty lakh rupees during the previous year but does not exceed one crore rupees; or (b) an amount equal to five per cent of the sum where the amount or aggregate of amounts, as the case may be, being paid in cash exceeds one crore rupees during the previous year:
  • 10. AMIT KUMAR TAX DEDUCTION AT SOURCE 10 Provided further that the Central Government may specify in consultation with the Reserve Bank of India, by notification in the Official Gazette, the recipient in whose case the first proviso shall not apply or apply at reduced rate, if such recipient satisfies the conditions specified in such notification: Provided also that nothing contained in this section shall apply to any payment made to— (i) the Government; (ii) any banking company or co-operative society engaged in carrying on the business of banking or a post office; (iii) any business correspondent of a banking company or co-operative society engaged in carrying on the business of banking, in accordance with the guidelines issued in this regard by the Reserve Bank of India under the Reserve Bank of India Act, 1934 (2 of 1934); (iv) any white label automated teller machine operator of a banking company or co-operative society engaged in carrying on the business of banking, in accordance with the authorisation issued by the Reserve Bank of India under the Payment and Settlement Systems Act, 2007 (51 of 2007): Provided also that the Central Government may specify in consultation with the Reserve Bank of India, by notification in the Official Gazette, the recipient in whose case the provision of this section shall not apply or apply at reduced rate, if such recipient satisfies the conditions specified in such notification. Payment of certain sums by e-commerce operator to e-commerce participant [Section 194-O] (1) Notwithstanding anything to the contrary contained in any of the provisions of Part B of this Chapter, where sale of goods or provision of services of an e-commerce participant is facilitated by an e-commerce operator through its digital or electronic facility or platform (by whatever name called), such e-commerce operator shall, at the time of credit of amount of sale or services or both to the account of an e- commerce participant or at the time of payment thereof to such e-commerce participant by any mode, whichever is earlier, deduct income-tax at the rate of one per cent of the gross amount of such sales or services or both. Explanation.—For the purposes of this sub-section, any payment made by a purchaser of goods or recipient of services directly to an e-commerce participant for the sale of goods or provision of services or both, facilitated by an e-commerce operator, shall be deemed to be the amount credited or paid by the e-commerce operator to the e-commerce participant and shall be included in the gross amount of such sale or services for the purpose of deduction of income-tax under this sub-section.
  • 11. AMIT KUMAR TAX DEDUCTION AT SOURCE 11 (2) No deduction under sub-section (1) shall be made from any sum credited or paid or likely to be credited or paid during the previous year to the account of an e- commerce participant, being an individual or Hindu undivided family, where the gross amount of such sale or services or both during the previous year does not exceed five lakh rupees and such e-commerce participant has furnished his Permanent Account Number or Aadhaar number to the e-commerce operator. (3) Notwithstanding anything contained in Part B of this Chapter, a transaction in respect of which tax has been deducted by the e-commerce operator under sub- section (1), or which is not liable to deduction under sub-section (2), shall not be liable to tax deduction at source under any other provision of this Chapter: Provided that the provisions of this sub-section shall not apply to any amount or aggregate of amounts received or receivable by an e-commerce operator for hosting advertisements or providing any other services which are not in connection with the sale or services referred to in sub-section (1). (4) If any difficulty arises in giving effect to the provisions of this section, the Board may, with the approval of the Central Government, issue guidelines for the purpose of removing the difficulty. (5) Every guideline issued by the Board under sub-section (4) shall be laid before each House of Parliament, and shall be binding on the income-tax authorities and on the e-commerce operator. (6) For the purposes of this section, e-commerce operator shall be deemed to be the person responsible for paying to e-commerce participant. Explanation.—For the purposes of this section,— (a) "electronic commerce" means the supply of goods or services or both, including digital products, over digital or electronic network; (b) "e-commerce operator" means a person who owns, operates or manages digital or electronic facility or platform for electronic commerce; (c) "e-commerce participant" means a person resident in India selling goods or providing services or both, including digital products, through digital or electronic facility or platform for electronic commerce; (d) "services" includes "fees for technical services" and fees for "professional services", as defined in the Explanation to section 194J.]
  • 12. AMIT KUMAR TAX DEDUCTION AT SOURCE 12 Note 1: (for Sec.194A) 194A is applicable on co-operative society also • Turnover of co-operative society > 50Cr • Threshold limit = 40,000(to member or any other co-operative society)/50,000 (in case of senior citizen)