TDS Notes
TDS Notes
5 Process of TDS 5
6 Due dates 5
8 Penalty 7
13 Equalisation levy 22
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Introduction To Tax Deducted at Source
Usually, the total income of an assessee for the previous year is taxable in the relevant assessment year.
However, in several cases, income tax is recovered from the assessee in the previous year itself through Tax
Deduction at Source (TDS), Tax Collection at Source (TCS), or Payment of Advance Tax.
Taxes paid by way of TDS/TCS or Advance tax can be deducted from the final tax liability of an assessee.
Generally, the person who earns the income pays tax on such income either in the form of advance tax or in
the form of self-assessment tax. However, in certain situations, the person making prescribed payments is
required to deduct tax from such payments (at prescribed rates) and deposit the tax so deducted with the
Government. Such a form of tax deduction is called TDS. The person who deducts the tax is called ‘Deductor’
and the person whose tax is deducted is called ‘Deductee’.
As shown in the image, the apple cut in the slice perfectly depicts the
concept of Tax Deduction at Source. The whole apple is the income in the
hands of the deductee and the slice represents the part of income that is cut
by the deductor and deposited to the government.
TDS is treated as pre-paid taxes as it is paid in advance to the government. It is the duty of the person who
paid someone for his goods or services or both.
The Income Tax Act has specified the payments like salary payments, interest on securities, contract
payments, dividends, etc. for the purpose of TDS.
The person who deducts the TDS is called as deductor and whose tax is deducted is called as deductee.
The following are the specified person who are liable to deduct TDS and deposit to the government on
behalf of deductee.: -
All the companies, Partnership firms and LLPs are liable to deduct TDS.
An Individuals or an H.U.F. is not liable to deduct TDS on such payment except where the individual
or H.U.F. is carrying on a business/profession where accounts are required to be audited u/s 44AB, in
the immediately preceding financial year. In other words, if the individual or HUF is carrying on a
business/profession and the accounts are required to be audited u/s 44AB (Tax Audit) in the
immediately preceding FY then that Individual or HUF is liable to deduct TDS on payment.
Every person deducting/collecting tax at source is required to obtain a unique number called Tax Deduction
Account Number (TAN).
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Companies and Partnership Firms
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Consequences in cases TDS not deducted
It will lead to Disallowance u/s. 40(a) while computing tax of the taxpayer.
Illustrations
ABC Ltd. has made a payment of Rs.100000 to Mr. Manav (Resident) towards professional services without
deducting TDS u/s 194J.
In such a case, Rs.30000 (100000*30%) will be disallowed and will be added back to the profit of the
company. In other words, ABC can claim a deduction of Rs.70000 only for such a payment.
Now you may think what if ABC Ltd. deducts and pays TDS in the next year? Will ABC be allowed to claim
Rs.30000 as a deduction? The answer is Yes. 30% of such expenditure i.e. Rs.30000 will be allowed as a
deduction in the subsequent year where ABC has deducted and deposited such TDS to the government in
the subsequent year.
In general, if a person who is required to deduct TDS of a resident fails to do so, he will be deemed to be an
assessee in default. However, the person would not be deemed to be assessee in default if following have
been complied with: -
Deductee has furnished return of income under section 139 and
He has taken into account such sum for computing income in the return of income and
He has paid the tax due on the income declared by him in such return of income, and payer
furnishes a certificate to this effect from an accountant.
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Process of TDS
Deducted Tax
Return Filing
Due Dates
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Interest on late payment of TDS
Illustrations
Example for Interest Calculation on delayed deduction:
The tax deduction due date is 2nd August 2022.
Tax Deducted on 20th November 2022.
Tax amount Rs.25,000
Calculate Interest payable for late Deduction.
Then the interest you owe Rs.1000 (25000* 1%*4 Months)
(4 months being from August to November)
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Example for Interest Calculation on delayed payment:
Tax Deducted on 20th September 2019 Rs. 20,000
Tax Payment is done on 2nd February 2020
Calculate Interest payable for late Payment.
Then the interest you owe Rs.1800 (20000* 1.5%*6 Months)
(6 months being from September to February)
Late fee of Rs. 200 per day is applicable to be paid to the Income Tax Department towards the late filing of
TDS/TCS return. That means the fine will be levied for everyday of delay until the fine amount is equal to the
amount of TDS and not more.
In simple words- Lower of following will be the penalty towards late filing-
Rs. 200 per day till the date of filing return or
Amount of TDS required to be deducted.
The late fee should be deposited before filing the TDS/TCS return
Delay in filling TDS statement for more than a year from the due date of filling of such TDS return – If the
TDS statement is not filed within one year from the due date of furnishing of TDS return, then a minimum
penalty of Rs 10,000 but maximum Rs 1,00,000 can be levied. The penalty under this section will be in
addition to the late filing fee under section 234E.
Illustrations
1. Say that the TDS amount payable of Q1 is Rs.5000. Return is file on 17th November.
Calculate the amount of Late fees.
Solution: The due date for Q1 return is 31st July.
Accordingly, the late fees comes out to Rs 200 x 109 days = Rs.21800, (109 days being days from 1st
August to 17th November). However, since this is greater than the tax amount of Rs.5000, assessee will
have to pay only Rs 5000 as the late filing fee.
2. Say that the TDS amount payable of Q2 is Rs.6,000. Return is file on 15th November.
Calculate the amount of Late fees.
Solution: The due date for Q2 return is 31st October.
Accordingly, the late fees comes out to Rs.200 x 15 days = Rs.3000 (15 days being days from 1st
November to 15th November).
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Student’s Notes
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Various sections under TDS
Illustrations
1. A Ltd makes below payments to Mr. B, a contractor during FY 2021-22
Rs. 25,000 on 01-06-2021
Rs. 30,000 on 05-08-2021
Rs. 25,000 on 12-08-2021
Rs. 28,000 on 20-12-2021
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In above, single payment does not exceed Rs. 30,000 so no TDS is required to be deducted at that time
but while making payment on 20-12-2021, aggregate payment in a financial year exceeds Rs. 1,00,000/-
hence TDS will be deducted.
Particulars Amount
Total payment 1,08,000
TDS @ 1% 1080
Net payment on 20-12-2021 26,920
(28,000-1,080)
Illustrations
1. Suppose ABC ltd. receives professional services for its new project for Rs.50,000. Is the company liable to
deduct TDS?
Solution: Yes, Under Section 194J, the company must deduct TDS at the rate of 10% before paying the
Professional for his services.
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2. The TDS amount will be Rs.5,000 (10% of Rs.50,000), and the company will pay the Professional a net
amount of Rs.45,000. The company is required to deposit the TDS amount with the government and file
a TDS return.
Illustrations
1. ABC ltd. hires a sales agent to sell its products and pays him a commission of Rs. 10,000 for each product
sold. During the last month, agent sold 5 products. Determine the amount of TDS.
Solution: Amount of commission = 10000*5 = 50000.
As per Section 194H, since the commission amount exceeds Rs.15000, ABC ltd. is required to deduct TDS
at the rate of 5% on the commission amount paid to the sales agent. Therefore, TDS = 50000*5% = 2500.
Net amount of commission payable to the sales agent = 50000-2500 = 47500.
Nature of “Rent” means any payment, by whatever name called, under any lease, sublease, tenancy
Payment or any other agreement or arrangement for the use of (either separately or together)
any,
Land; or
Building (including factory building); or
Land appurtenant to a building (including factory building); or
Plant or Machinery; or
Equipment; or
Furniture; or
Fitting
Whether or not any or all the above are owned by the payee.
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Payer All Assesses (except those individuals & HUF who are not liable for audit in the
(deductor ) preceding previous year).
Payer Any person being resident.
(deductee )
Limit Rs.2,40,000 p.a.
Rate a) For use of Plant & Machinery and Equipment -2%
b) For use of another asset- 10%
Time of At the of payment or credit whichever is earlier.
deduction
Special Points 1. Where the share of each co-owner in the property is definite and ascertainable, the
limit of Rs.240000 will be applicable to each co-owner separately.
2. TDS on deposits:
TDS on security deposit adjusted at the end of the lease period
Adjustment against Rent TDS is deduction
Not adjustable against rent No TDS is deduction
Illustrations
1. ABC ltd. pays rent for building Rs.200000 and rent for plant & machinery Rs.100000 to Mr.Rajesh. Calculate
the amount of TDS to be deducted.
Solution: Total rent paid to Mr. Rajesh exceeds Rs.240000. Hence, tax should be deducted at source-
10% on Rs.200000 for rent on building =20000
2% on Rs.100000 for rent on P&M =2000
Total TDS to be deducted =20000+2000 = 2000.
Net amount payable to Mr. Rajesh = 300000-22000 = 278000.
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Section 194A (TDS on Interest other than Interest on Securities)
Nature of Interest paid other than interest on securities like interest on FDs, loan etc,
Payment
Payer (Deductor) All Assesse (except those individuals & HUF who are not liable for audit in the
preceding previous year).
Illustrations
1. Mr. Ajay (Age 36) has made one FD with HDFC Bank. On 30.06.2022, Interest was accrued to his FD of
Rs.42000. Determine the implications of TDS on the above interest amount.
Solution: Since Mr. Ajay is not a senior citizen and the deductor is a Bank, the threshold limit applicable
in this case will be Rs.40000. As the interest accrued to Mr. Ajay’s FD exceeds Rs.40000, TDS @10% shall
be deductible by HDFC bank. TDS = 10% of 42000 = Rs.4200.
Illustrations
1. Mr. Krishna holds 1000 shares of HUL and the company declared dividend of Rs.8 per share in the current
FY. Determine the applicability of TDS.
Solution: Amount of Dividend by HUL to Mr. Krishna in a FY = 1000*8 = Rs.8000.
As the dividend paid to Mr. Krishna is over and above the threshold limit of Rs.5000, HUL shall deduct
TDS on Rs.8000@ 10% i.e. Rs.800.
Section 194IA (TDS on Payment on transfer of certain immovable property other than Agriculture land)
Nature of TDS on transfer of any immovable property. (other than rural agricultural land),
Payment
Payer Any person, being a transferee, responsible for paying
(Deductor) (other than the person referred to in section 194LA)
Payee Any person being resident transferor.
(Deductee)-
Time of At time of credit or payment whichever is earlier.
Deduction
Limit Rs.50,00,000 or more.
Rate 1% of consideration or the stamp duty value of such property whichever is higher.
Special points 1. The deductor need not obtain a TAN (Tax Deduction Account Number) for
making payment of the TDS on immovable property under this section. You can
make the payment using your PAN.
2. For calculating the amount/consideration, all charges like parking fee, club
membership fee, maintenance charges etc., shall be included.
3. This limit is property specific. In other words, value of the property is to be
considered for determining applicability of TDS irrespective of no. of buyers or
sellers.
4. The deductor shall comply with the furnishing of Form 26QB and depositing
the amount deducted to the Government.
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Illustrations
1. Mr. A bought a house at Rs. 55lakhs. He also paid Rs. 5 lakhs towards parking fee, Rs 1 lakh for water
facility fee and Rs 1 lakh for electricity fee. Calculate the amount of TDS.
Solution: TDS shall be deducted on total amount paid including other charges. Therefore,
TDS = 1% of 62 lakhs (55+5+1+1)
TDS payable would be Rs 62,000.
Illustrations
1. Mr. A stays in the rented house from 01.11.2022 to 31.01.2023 and paid the rent of Rs.55000 per month.
Calculate TDS and specify its time of deduction.
Solution: Mr. A shall deduct TDS @ 5% on Rs. 165000. i.e. Rs.8250. The same shall be deducted from the
rent of January, 2023. Net rent payable for January = 55000-8250 = 46750.
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Section 192 (TDS on Salary)
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Computation of Tax on Salary and TDS rate
Income slab Rate Amount
0-250000 0 0
250000-500000 5% 12500
500000-1000000 20% 100000
1000000 & above 30% 60000
Basic tax 172500
Add : cess @ 4% 6900
Total tax payable 179400
TDS to be deducted/month 14950 (179400/12)
For the sake of understanding, tax is calculated as per old tax regime. However, in practice, individual has
an option to choose among old vs new tax regimes.
Student’s Notes
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Summary Chart
Sr. No. Section No. Description Limit Rate of TDS
1 Sec 194C TDS on Payment to Rs. 30,000 for single For Individual or
Contractors payment or in aggregate HUF-1%
Rs.1,00,000 For Others-2%
9 Sec 192 TDS On Salary Basic Exemption Limit Normal Slab Rate
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Section 197(Lower or No Deduction of TDS)
Where the total tax due is anticipated to be less than the TDS amount, Section 197 permits taxpayers to ask
for a lower TDS deduction rate.
Here, assessee can make an application online in form 13 to the AO, for deduction of tax at lower rate or no
deduction of tax.
Assessee is required to submit 3 year’s financial statements along with provisional financials for current year.
If Assessing officer is satisfied that the total income of recipient justifies the lower or no deduction, he may
issue certificate to the assessee to such effect.
It is generally issued to those assessees who have a trend of refund since last 3 years.
Such certificate will be submitted by the assessee to all debtors so they can deduct tax at lower rate. (The
debtors will verify at TRACES about validity of certificate).
Certificate is valid for particular Quarter or Year as per the discretion of AO.
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TDS Returns Filing Process
Step 1:
Step 4:
Step 7:
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Process through packaged software- Private
Step 1:
Step 4:
Step 7:
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Equalisation Levy
Introduction
Under the Finance Act,2016, the Equalisation levy was
imposed to levy tax on consideration received by a non-
resident for following services-
o Online Advertising or
o Any provision for digital advertising space or
o Any other facility or service for online
advertising.
The service is provided by-
o A person resident in India and carrying on business or profession
o A non-resident having permanent establishment in India.
The equalisation levy will be levied at the rate of 6% on consideration received or receivable.
The equalisation levy deducted during any calendar month is to be paid by every assessee to the credit of
Central Government by the 7th of the month immediately following the said calendar month through an
equalization levy challan.
Equalisation levy will be charged when the amount for providing the services exceeds Rs.1,00,000 in a FY.
For instance, if the Indian company paid $10,000 to the foreign company for the online advertising services,
it would need to deduct an Equalisation Levy of 2% or $200 from the payment and pay the balance amount
of $9,800 to the foreign company.
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Limit No specified limit. However, no tax shall be deducted in case of exempt income or any
other income which is not taxable under the Income Tax Act, 1961.
Rate As provided in the below table.
Section 206C of the Income Tax Act requires certain sellers to collect tax at source (TCS) from buyers on the
sale of specified goods.
The purpose of 206C-TCS is to ensure that tax is collected at the source of the transaction, rather than relying
on the buyer to pay the tax later.
TCS shall be collected at the time of receipt of amount by seller or debiting the account of buyer whichever
is earlier.
Buyer can claim a credit of TCS while filing his return.
Rate- Rates at which tax is to be collected is as follows for specified goods-
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6 Scrap 1%
7 Minerals, being coal or lignite or iron ore 1%
8 On grant of a lease or a license or on entering into a contract 2%
for any parking lot or toll plaza or mine or quarry
9 Sale of Motor vehicle where the value exceeds Rs.10 Lakhs 1%
Illustration
Let's say a company sells scrap metal to a buyer for Rs.1,00,000. Here, the company must collect TCS @1% from
the buyer, which amounts to Rs. 1,000. The company must then remit this amount to the Government and file
regular returns.
The buyer can then claim a credit for the TCS against their own tax liability. For example, if the buyer's total tax
liability for the year is Rs. 50,000, they can reduce their liability by Rs. 1,000, resulting in a total tax liability of Rs.
49,000.
Student’s Notes
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