Complete TDSNotes
Complete TDSNotes
2) TCS : by the seller from the buyer at the time of sale u/s 206 C
3) Advance Tax : Advance Tax instalments or any tax paid till 31st March of
the relevant financial year by the taxpayer (recipient of income/payment)
4) Self-Assessment Tax (Voluntarily) after 31st March and till filing of return (
any tax remaining unpaid)
Meaning of TDS:
The scheme of TDS aims to collect the tax at the point of very source of income.
TDS is a tax deducted by a person liable /responsible to deduct tax (called the
Deductor) at the time of credit or payment of income/specified types of
payment to the recipient (called the deductee).
The scheme provides that the person (deductor) who is liable to make payment of
specified nature (income or otherwise) to any other person (deductee) shall
deduct tax at source and deposit the same into the account of the Central
Government for and on behalf of deductee. The deductee from whose income tax
has been deducted at source is eligible to get credit of the amount so deducted on
the basis of Form 26AS or TDS certificate issued by the deductor. If deductor
fails to deduct and/or pay to the Govt. partly/wholly, he shall be deemed to be an
assessee in default.
Govt. Assessee
Regular Divides
Avoid Tax /periodic Avoid
evasion due burden and Convenient delays ,
Flow of Widens the
to non- reduces to pay in interest and
revenue tax base
disclosure pressure to instalments penalties
from the pay huge
head tax. due to
amount at delayed/no
the end of n payment
financial towards
year end.
ADVANTAGES OF TDS
1) From the Deductee’s point of view
a) TDS ensures that income tax is deducted from income of an individual in advance at
periodic intervals. Hence, it allows the deductee to plan the finances in advance.
b) TDS enables an individual to pay his/her income tax as and when he/she earns it. TDS
will not put pressure on income towards the end of the year.
c) Payment of high/ lump-sum amount of tax at one go is not feasible for every
individual. As TDS gets deducted from one’s income periodically, paying tax
becomes convenient for the individuals.
d) Since payment of tax goes at regular intervals and almost uniformly with no
obligation to use last few months’ income to pay tax, it helps in avoiding delays in
payment, interest on tax and penalties.
2) From the government’s point of view
a) As TDS is collected at the source, it minimises the chances of tax evasion by
individuals.
b) TDS acts as one of the steadiest sources of revenue for the government.
c) It enables to widen the base of tax collection.
Variable: In case of payment of salary, the tax is deducted at an average rate of income tax.
It varies from person to person. Generally, the employer deducts the tax from the salary on
estimated basis. He is required to calculate the taxable salary and tax for the whole financial
year , divide the tax in equal instalments over the relevant months of the financial year and
deduct this average amount at the time of payment of salary. Since tax liability on account of
salary depends on a number of factors like the income level, deductions, other income or
savings reported etc., TDS amounts also vary for different months.
Fixed: TDS rates on all incomes/payments other than salary are fixed rates.
Surcharge
TDS u/s
/Cess
Lower /No
197
15 G / 15
Section Nature of Payment Deductor Deductee Time of Any exemption from TDS /threshold limit Rate of TDS(on 100% amount
deduction if applicable/exceeds limit)
Salary Employer Employee Payment No TDS Up to exemption limit 2.5/3/5 lakhs as the Average rate of tax( total tax Yes No Yes
192 case may be /employment period)
Interest on securities Payer of interest Resident person Payment/credit *Interest exempt on deb of widely held co upto 5000 to 10% NIL Yes Yes
whichever is only resident Individual/HUF/ *interest on CG/SG
193
earlier securities/*interest on listed demat
securities/Cooperative society deb
Dividend from Indian Co/Dividend declared and Principal Officer Resident Payment/credit upto 5000 in aggregate per financial year(other than 10% NIL Yes Yes
(Resi
194 paid within India on eq/pref shares of a domestic of Domestic co shholder whichever is cash) Indi)
company earlier
Interest other than Interest on securities e.g. interest *Any person + Resident person Payment/credit *upto 40,000/50K(senior citizens) interest from bank, 10% NIL Yes Yes
on saving / time deposit accounts with banks/post Individual/HUF whichever is cooperative bank or post office specified scheme from
194A office /cooperative bank etc if earlier all branches/5,000 p.a by any other person /interest by
firm to partners/*on ZCB / Post office RD,TD,MIS,
NSC various issues/Kisan and Indira Vikas Patra,etc
Income from winning from any lottery/crossword Any person Any person Before/at the Upto 10,000 30% flat NIL No No
194B puzzle/card games and other games of any sort (in responsible for receiving such time of release
cash/kind) paying income income of income
Payments for any *work contract/sub contract *Specified resident Payment/credit *No TDS if single payment is up to 30,000/aggregate 1% for individual/2% others NIL No Yes
194C including supply of labour for carrying out such person contractor/sub whichever is up to 1 lakh p.a.*GOODS Transport operators having
work contractor earlier upto 10 carriages and provides PAN
Payment under Life insurance policy including Any person resident person At the time of No TDS if payment is less than 1 lakh p.a.in aggregate 5% NIL Yes Yes
194 bonus(Maturity/Death) paying under payment /if covered u/s 10(10D) /if ULIP payment having
DA Life insurance premium 2.5 lakhs due to death
policy + bonus)
Rent from land/building/plant/machinery/furniture/ *Any person + Residentperson Payment/credit up to 2,40,000 p.a./if payment to real estate Investment 2% for p/m/equipment and 10% NIL Yes Yes
194I Individual/HUF ( whichever is trust for all others(excluding GST
if owner/otherwis earlier and municipal tax)
Fee for Professional/Technical *Any person + Resident person Payment/credit up to 30,000 p.a in each case except Director fee/paid 2% fees for technical service/on NIL No Yes
Services/Royalty/Director fee/non compete fee Individual/HUF whichever is exclusively for personal purposes of payer individual operators of call centres/royalty
194J if earlier or member of HUF for sale, distribution or
exhibition of cinematographic
films./ 10% for others
Deductor : *Any person including Individual/HUF if total sales/gross receipts/turnover from PGBP exceeds 1 crore/50 lakhs resp.
*Specified Person: CG/SG/local authority/Statutory Co/Co./co-operative society/ Housing Construction or planning authority/ society /trust/university/Foreign Govt/enterprise etc/firm/Individual and
HUF if *
*work includes advertising/broadcasting and telecasting including production of programmes for it/carriage of goods or passengers other than by railways/catering/customised manufacturing or supply of
a product using his material
Other Provisions
Sec 206AA : If a deductee does not provide PAN to deductor then the deductor will charge TDS at higher of the three : sectionwise rate or normal rate or 20%
Sec 206AB applicable to TDS other than salary and Lottery income: when deductee defaults in filing return of income on due date + total TDS and/or TCS is equal to or exceeds 50,000 then
deductor shall deduct higher of the threeTDS rates (a)twice the sectionwise rate or 9b) twice normal rate or (c) 5%
Note: If a deductee covered u/s 206AA and 206AB then higher of the two rates
Form 16/16A
Sec 203 (2) provides that every employer covered u/s 192(1A) shall furnish a certificate
to the person in respect of whose income TDS is deducted and payment has been made
to the Central Government and specify the amount so paid, the rate at which the tax has
been paid and such other particulars as may be prescribed within the prescribed time
period. As per Rule 31,the certificate of TDS for salary income is Form 16.
6. Issue Date : Time period within which employer has to provide Form 16
Sl. No. Form Periodicity Due date within which employer/deductor has to provide
No. Form 16
(1) (2) (3) (4)
1. 16 Annual By 15th day of June of the financial year immediately
following the financial year in which the income was paid
and tax deducted.
Sec 203 (2) provides that every person shall furnish a certificate to the person in respect
of whose income /payment TDS is deducted and payment has been made to the Central
Government and shall specify the amount so paid, the rate at which the tax has been paid
and such other particulars as may be prescribed within the prescribed time period. As per
Rule 31,the certificate of TDS for non salary income i.e. on any other head of income
under Chapter XVII-B like interest on securities, dividend etc. is Form 16A.
About Form 16 A
1. Form 16A is the certificate of deduction of tax at source provided by the payer of income
or any sum /deductor to the receiver/deductee of the payment .
2. It is issued ONLY if tax is deducted at source by the deductor on behalf of the recipient
to be paid to the Govt.
3. It is mandatory to issue this certificate to recipient /Tax Payers if tax is deducted at
source by the deductor.
4. It is downloadable by the deductor from TRACES website.
5. Contents:
This certificate provides details of TDS by the deductor from the payment done for the
relevant financial year.
The certificate shall specify:—
g. valid permanent account number (PAN) of the deductee;
h. valid tax deduction and collection account number (TAN) of the deductor;
i. Identification Number
▪ book identification number or numbers where deposit of tax deducted is
without production of challan in case of an office of the Government;
▪ challan identification number or numbers in case of payment through bank;
j. Receipt Number(s)
• receipt number of the relevant quarterly statement of tax deducted at source
which is furnished in accordance with the provisions of rule 31A;
• receipt numbers of all the relevant quarterly statements in case the statement
referred to in clause (i) is for tax deducted at source from income chargeable
under the head "Salaries".
6. Issue Date : Time period within which employer has to provide Form 16A
Sl. No. Form Periodicity Due date within which employer/deductor has to provide
No. Form 16A
(1) (2) (3) (4)
1. 16A Quarterly Within fifteen days from the due date for furnishing the
statement of TDS under rule 31A.
Quarter Due Date of TDS Issue Date: Within fifteen days from
ending Return the due date of filing TDS Return
June 30 July 31 Aug 15
Sep 30 Oct 31 Nov 15
Dec 31 Jan 31 Feb 15
March 31 May 31 June 15
7. The deductor may issue a duplicate certificate in Form No. 16 A if the deductee has
lost the original certificate so issued and makes a request for issuance of a duplicate
certificate and such duplicate certificate is certified as duplicate by the deductor.
(b) Which Income/payments covered under Form 13 : any income or sum payable
to any person under sections 192/193/194,
194A/C/D/G/H/I/J/K/LA/LBB/LBC/M/O and 195.
To facilitate such persons , Act has provided an enabling provision of Sec 197
which provides that such a person may apply in Form No. 13 to Assessing officer
for grant of a certificate for the deduction of income-tax at lower rates or no
deduction of income-tax at all from the income/specified payments received by him.
8. Validity: Form 15G and Form 15H are valid for one financial year (previous year). Hence,
the recipient should submit these forms every year preferably at the beginning of the
financial year and /or when he is sure of not reaching the threshold of TDS /taxable income
level. e.g this will ensure that the bank does not deduct any TDS on interest income.
9. Allotment of unique identification number to each form : The payer of
income/deductor shall allot a unique identification number to each declaration received
by him in Form No.15G and Form No.15H respectively during every quarter of the
financial year in accordance with the procedures, formats and standards specified by the
Principal Director-General of Income-tax (Systems).
Tags in 24Q and 26Q for Lower or No deduction of TDS
The TDS return for salary 24Q and non salary return 26Q has a column in which the deductor can
inform the Govt that although payment has been made to the recipient, TDS has not been deducted
at all either due to exemption given by CBDT circular or due to submission of 15G/15H/Form 13
certificate. In addition, deductor also informs to the Govt via TDS Return that TDS is deducted at a
Higher rate for not providing PAN to deductor or not filing Return of Income or at a lower rate as per
the certificate issued by the Assessing officer u/s 197.
Once a taxpayer has paid himself or payer has deposited the tax deducted or collected on
behalf of taxpayer to the Govt., he needs to have a document which shall verify the same.
Section 285BB of the Act facilitates the availability of an annual record of the same.
It is mandatory for the prescribed income-tax authority or the person authorised by such
authority to upload in the registered account of the assessee ( Electronic filing account
registered by the assessee on the e portal of the income tax authority) an annual information
statement in Form 26AS. Under Rule 114-I ,the authorised person has to upload the following
information which is in his possession within three months from the end of the month in which
the information is received by him
Please refer documents of Income Tax Department for details of 26AS and AIS
Annual Information Statement
(a product of CBDT’s e-Verification Scheme, 2021 / 13 December, 2021.)
The Income Tax Department has taken several progressive steps harnessing information
technology to encourage voluntary tax compliance and facilitate a transparent and non-
intrusive tax administration. AIS is a product of this scheme.
Benefits of AIS ::
Using information technology effectively, the Department has been collecting information of
financial transactions of a taxpayer from multiple sources which is shared with the taxpayer and
displayed to him through AIS. It will assist taxpayer in the following ways
3) To inform the taxpayer about any transaction which could have been missed in computing
income and taxes, and in filing Return of Income (helps in data correction/cleaning by
displaying unreported or under-reported transactions and thereby prevents initiation of
proceedings on misreported information.)
5) To provide an opportunity to the taxpayer to explain a transaction being verified before any
further action by way of Assessment or Re-assessment is undertaken. The entire process
of e-Verification is digital, with notices issued electronically and responses by the
taxpayers also submitted electronically
FORM 26AS
incometaxindiaofficial IncomeTaxIndia
December, 2021
DIRECTORATE OF INCOME-TAX
(Public Relations, Publications & Publicity)
6th Floor, Mayur Bhawan, New Delhi
This Brochure should not be construed as an exhaustive statement of the law. For details
reference should always be made to the relevant provisions in the Acts and the Rules
www.incometax.gov.in
FAQ’s on AIS (Annual Information Statement)
• Display complete information to the taxpayer with a facility to capture online feedback
• Promote voluntary compliance and enable seamless prefilling of return
• Deter non-compliance
(“For more info. navigate to AIS under Services Menu after login”)
(“For more info. navigate to AIS under Services Menu after login”)
Q-10 What will happen once I submit the feedback?
Ans. Upon successful submission of feedback on AIS information, the feedback will be displayed with
the information and the modified value of the information will also be visible with the reported value.
The activity history tab will also be updated, and you will be able to download Acknowledgement
Receipt. Email and SMS confirmations for submission of feedback will also be sent.(“For more info.
navigate to AIS under Services Menu after login”)
Q-13 Is there any limit on the number of times I can modify a given feedback?
Ans. Currently, there is no limit on the number of times you can modify previously given feedbacks.
Note:
II. These FAQs are informative and advisory in nature and are subject to
updation as required. These should not be used as a basis for any legal
interpretation of the e-Verification Scheme, 2021 or the Income Tax Act, 1961.
The taxpayers may like to take an informed decision on their tax matters in
this regard.
FAQs for e-Verification Scheme 2021 for uploading on www.incometax.gov.in
The financial transactions gathered by Income Tax Department are about your
receipts which attract TDS/TCS, immovable property purchase or sale, bank
deposits, investment in shares/mutual funds, time deposits etc. All these
transactions can be viewed by you in the AIS portal of your income tax account for
FY 2020-21 onwards. The steps involved are:
c) Select “Annual Information Statement (AIS)” in the menu under the tab
“Services”, you will be taken to the AIS portal
d) On the AIS portal, select the relevant Financial Year and click on “Annual
Information Statement” to view the financial transactions.
As detailed above, once you are viewing information under AIS, click on a specific
information. Once the information details are seen, on the right side is a feedback
button by using which taxpayer can provide feedback from the menu options
available.
Income Tax Department will in the next 3-4 months initiate a process of contacting
the Source/Reporting Entity which reported the information/transaction and will
seek confirmation about the correctness of the data.
i. If the Source/Reporting Entity agrees that there has been a mistake, the data
will be corrected in due course of time after the Source/Reporting Entity files
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its corrected statement. This process is done through an automated
Information Technology driven procedure.
ii. If the Source/Reporting Entity stands by the data and does not support your
objection, further explanation/evidence will be called from you under the e-
Verification Scheme which is explained in the following questions.
vi. After this process, a communication will be sent to the taxpayer informing:
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5. What is the usefulness of the e-Verification Scheme, 2021?
To inform the taxpayer about any transaction which could have been
missed in computing income and taxes, and in filing Return of Income.
After filing the income tax return (ITR), you need to verify it to complete the return
filing process. Without verification within the stipulated time, an ITR is treated as
invalid. e-Verification is the most convenient and instant way to verify your ITR.
You can e- Verify your return online using OTP on mobile number registered with
Aadhaar, net banking, digital signature etc.
Or
The notice u/s133(6) issued under the e-Verification Scheme will be visible to you in
the Compliance Portal (accessible through https://eportal.incometax.gov.in).
Normally you will also be alerted through an SMS on your registered mobile phone
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and will also receive it on your registered email address. The steps involved in
accessing the notice u/s133(6) and filing the response electronically are:
Step 1: Taxpayer will Login to the e-filing portal by using the URL
https://eportal.incometax.gov.in/
Step 2:Go to “Pending Actions” tab, click on “Compliance Portal” and select “e-
Verification”
Step 7: Enter the remarks, attach the supporting document and click on
"Submit" to submit the response to the notice.
8. At the time of responding to the notice of e-Verification, after log in, nothing
appears and only a blank screen page opens up. What should I do?
Please enable the ‘pop ups’ from ‘Privacy and Security’ settings in Google chrome,
Firefox, etc.
9. How do I know that notice under e-Verification has been issued to me?
The Income Tax Department will send a notice u/s 133(6) of the Income Tax Act,
1961.
This will be visible on your e-filing portal account on incometax.gov.in. The notice is
also emailed to the latest email address submitted to the Income Tax Department
while filing the return of income. You will also receive SMS on the latest mobile
number registered with your PAN.
10. What do I do in case I am having difficulty in accessing the Compliance Portal for
viewing notices or submitting responses?
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You may log your complaint at the helpdesk for the “Compliance” portal by calling
18001034215. Please note that helpline number is unique for each portal. Please use
helpline for Compliance Portal for redressal of difficulties.
11. How does the taxpayer verify the genuineness of the notice received?
Very soon a facility will be provided for verification of the genuineness of the notice
from the DIN mentioned in the notice. The taxpayer will be enabled to verify the
DIN from the e-portal and see if the notice is genuine by clicking on the
Authenticate Notice/Order Issued by ITD link in the Quick Linkssection found in
the e-portal and following the process as mentioned in the e-portal.
The taxpayer has to furnish the response to the notice only through the Compliance
Portal of the Income Tax Department https://eportal.incometax.gov.in and not
through email. The instructions for furnishing the information are mentioned in the
Annexure-2 of the notice issued to the taxpayer.
12. While responding to the notice issued u/s.133(6) of the Income-tax Act in the
Compliance portal, the system/portal is not accepting the attachments of size
above 10 MB. How to submit such large documents?
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If the explanation is not found satisfactory, the e-Verification proceedings will be
concluded with a communication to the taxpayer informing: “The explanation is not
found sufficient to explain the mismatch in the specific information and the taxpayer
may consider updating the return of income u/s 139(8A) of the Act, if eligible.”
Subsequently if the taxpayer does not Update the Return of Income within the due
time, Income Tax Department will undertake risk-assessment based initiation of
proceedings like Assessment or Re-assessment which could lead to tax demand and
penalty etc.
15. What can I do if I realize that I have missed a transaction while calculating my
income in the Return of Income already filed by me?
You may consider Updating your Return of Income under Section 139(8A) of the I.T.
Act, 1961, if eligible, by paying tax on the missed income along with additional tax to
avoid further proceedings in the form of assessment/re-assessment which could
lead to tax demand and penalty.
16. Can I respond to the notice u/s133(6) of the I.T. Act, 1961 that I have updated my
return of income by paying additional tax on the transaction being e-verified by
Income Tax Department?
Yes. This should be explicitly stated in the response. The updated return of Income
will be verified with the information and an appropriate decision will be taken by
the Income Tax Department.
No, there is no penalty as such. However, you have to pay an additional tax of 25%
in the first year and 50% in the second year while updating your return.
This scheme does not allow for any physical hearing by the Prescribed Authority.
You are requested to file your reply online through the portal. In case of any query
or clarification the Prescribed Authority will communicate through the portal and
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give you adequate opportunity to clarify along with supporting documents. There is
provision for video conference facility in exceptional case. This facility is under
development.
The Income Tax Department is giving you an opportunity to pay tax on the income
that was not shown by you in your return but about which the Income Tax
Department had received information. In the event of you not availing this
opportunity to pay tax on such income and update your return, the Income Tax
Department may, based on facts, initiate appropriate proceedings under the IT Act,
1961.
Finance Bill 2022 has inserted a new section, Section 139(8A) in Income Tax Act. This
new section provides for filing of ‘Updated Return’ by the taxpayers. The taxpayer
can file an updated return within two years from the end of the relevant Assessment
Year. So during the current financial year 2022-23, taxpayers can file ITR-U for AY
2020-21 and AY 2021-22. i.e., the return for FY19-20 can be updated till 31st March
2023.
Updated return can be filed irrespective of the fact, whether the original return was
filed by the taxpayer or not. However, to file an updated return, the taxpayer has to
meet the conditions prescribed in section 139(8A) of the IT Act 1961, including:
1. The updated return can be filed only if the taxpayer has to disclose any
additional income, which was missed / omitted earlier, and pay the
additional tax thereon.
2. Updated return cannot be filed to reduce any income and report loss or
increase the loss thereby resulting in reduction of tax liability or increase in
tax refund.
3. The option of updated return can be opted only once for one assessment year.
4. If the updated return is being filed within 12 months from the end of the
relevant assessment year, then an additional income tax of 25% and interest
thereon shall be payable. If the return is filed within 24 months, from the end
of the relevant assessment year, then an additional income tax of 50% and
interest thereon shall be payable.
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This facility of filing an updated return can also be viewed as an opportunity to
disclose the earlier missed income and pre-empt further proceedings under the I.T.
Act.
22. What should the taxpayer do if information provided by the Income Tax
Department is not correct?
Or
If you go through the notice and find that the information as mentioned in the notice
does not belong to you or is a duplicate entry or is incorrect (fully or partially), you
should clearly state the same in the response filed on Insight and provide supporting
evidence for the same, where applicable. The Income Tax Department would then
confirm with the source the veracity of the information and take appropriate action.
23. What if you agree to the mismatch between return of income and information
explained to you in the notice u/s 133(6) of the IT Act, 1961, under e-Verification
Scheme?
The taxpayer can update his ITR under section 139(8A) of the Act, and pay the
additional taxes. A response can be submitted that the mismatch is accepted and ITR
has been updated or will be updated.
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24. What are the possible reasons for difficulties faced in filling responses to the
notice u/s 133(6) of the IT Act, 1961?
Common reasons:
Web browser used by the taxpayer is not updated to the latest version and
hence the website is not supported by the browser.
POP-UP Blocker of the web browser is enabled and it is blocking the access to
the response window.