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Deduction and
collection of tax
    at source
   (TDS/TCS)
Overview
To avoid cases of tax evasion.
 To collect tax at source on accrual of income.
Persons responsible for making payment to
 deduct tax at source and deposit the same to
 the Government‟s treasure within stipulated
 time.
The recipient of income is liable to tax on the
 gross amount and the amount deducted at
 source is against his final tax liability.
Payments covered by TDS scheme
‱ Deduction of tax from Salaries[Sec. 192]
‱ Deduction of tax at source from other than
  interest on securities [Sec. 194A]
‱ Deduction of tax at source from payment to
  contractors or sub-contractors[Sec. 194C]
‱ Deduction of tax at source from commission or
  brokerage[Sec.194H]
‱ Deduction of tax at source from income by way of
  rent[Sec. 194I)
‱ Deduction of tax at source on fees for
  professional or technical services[Sec. 194J)
‱ Tax collection at source on “Scrap”[Sec.206C]
When and how is to be deducted at
   source from Salary?[192]
Who is the payer           Employer

Who is the recipient       Employee
Payment Covered            Taxable salary of the employee
At what time tax has to be At the time of payment
deducted at source
Maximum amount which       The amount of exemption limit(i.e. Rs.
can be paid without tax    1,90,000 in case of woman/Rs. 2,50,000
deduction                  in case of senior citizen/ Rs. 1,80,000
                           for the assessment year 2012-13
Rate of tax deduction at   Normal rates applicable to an individual
source
How to compute taxable salary?
 Salary on “due” or “receipt” basis whichever is
  earlier.
 Salary includes basic, DA, commission, bonus,
  leave salary etc.
 Allowance includes all fixed quantity of money
  subject to certain exemptions.
 Perquisite may be defined as any casual
  emolument or benefit attached to an office such
  as “Rent free accommodation, LTC, Medical
  reimbursement, interest free loan etc.
 Section 80C to Section 80U, deductions would
  be available from gross total income.
Permissible Deduction u/s 80C
 The maximum amount deductible can not exceed Rs.
  1.00 lakh on following nature of payments.
1. Life insurance premium including ULIPs subject to
   certain conditions.
2. Contribution towards statutory and recognized provident
   fund.
3. Contribution towards 15-year public provident fund.
4. Subscription to National Saving Certificates, VIII Issue.
5. Any Sum paid as tuition fees in India for full time
   education of any two children of an individual.
6. Any payment towards the cost of purchase/ construction
   of a residential property.
7. Amount deposited as term deposit for a period of 5 years
   or more.
8. Subscription towards notified units of Mutual Fund
   (ELSS)
Permissible Deduction u/s 80CCF to 80D
 Deductions in respect of subscription to long-term
  infrastructure bonds under section 80CCF can not
  exceed Rs. 20,000.
 Deduction in respect of medical insurance premia
  under section 80D as per following:
                    Taxpayer, spouse   Parents of the     Total
                    and dependent      taxpayer
                    children           dependent or not
   Max. amt            15,000           15,000            30,000
   deductible
   Additional            5,000            5,000           10,000
   amount for
   senior citizen
   Total               20,000           20,000            40,000
Permissible Deduction u/s 80E & 80G
  Deduction in respect of repayment of loan taken for
   higher education under section 80E by way of entire
   amount of interest on such loan up to 7 immediately
   succeeding assessment years.
  Deduction in respect of donations under section 80G
   is not given by an employee to a notified public
   charitable institute except contribution made to
   funds like JN memorial fund, PM Relief Fund etc.

  Compute tax liability on net income as per
   prescribed income tax rate

Income Tax Rates for AY 2012-13
 Individual, HUF,         Women         Senior Citizen who   Super Senior Citizen   Rates
 AOPs, and BOIs                           is 60 or above     who is 80 or above
                                               years                years
Up to Rs. 1,80,000   Up to Rs. 1,90,000 Up to Rs. 2,50,000    Up to Rs. 5,00,000    Nil
Rs. 1,80,000-Rs.     Rs. 1,90,000-Rs.   Rs. 2,50,000.- Rs.      Not Available       10%
5,00,000             5,00,000           5,00,000
Rs. 5,00,000-Rs.     Rs. 5,00,000-Rs.   Rs. 5,00,000.- Rs.    Rs. 5,00,000- Rs.     20%
8,00,000             8,00,000           8,00,000                  8,00,000
Above Rs.            Above Rs.          Above Rs.            Above Rs. 8,00,000     30%
8,00,000             8,00,000           8,00,000
Surcharge            Surcharge          Surcharge                 Surcharge         Nil
Education Cess       Education Cess     Education Cess         Education Cess       2%
S.H.E. Cess          S.H.E. Cess        S.H.E. Cess              S.H.E. Cess        1%
Other provisions tax from Salaries
                [Sec. 192]
 If house rent allowance is Rs 3,000 per month (or
  less than that), the employer will give exemption on
  the basis of a declaration given by employee (no
  need to submit rent receipt)
 The employer may, at the time of deducting tax at
  source, increase or decrease the amount to be
  deducted for the purpose of adjusting any previous
  deficiency or excess deduction.
 The total salary should be rounded off to the
  nearest multiple Rs. 10.
 Determined the average of income tax for whole
  financial year.
 Deduct tax in even on monthly basis
Deduction of tax at source from interest
other than interest on securities[194A]
 and commission or brokerage[194H)
Who is the payer            Any person who is (not being
                            individual or a HUF)
Who is the recipient        A resident Person
At what time tax has to be At the time of payment or at the
deducted at source         time of credit, whichever is
                           earlier
Maximum amount which        Tax is not deductible if payment
can be paid without tax     /credit does not exceed Rs.
deduction                   5,000
Rate of tax deduction at    10%(no surcharge and
source                      education cess)
Deduction of tax at source from
    payment to contractors[194C]
Who is the payer        Any company, firm, local authority,
                        trust, individual or HUF & Govt.
Who is the recipient    A resident contractor
At what time tax has to At the time of payment or at the
be deducted at source time of credit, whichever is earlier
Maximum amount          Tax is not deductible if single
which can be paid       payment/credit does not exceed
without tax deduction   Rs. 30,000 or Rs. 75,000 in the
                        aggregate during a financial year
Rate of tax deduction   1% if recipient is an individual/
at source               HUF, otherwise 2% (no surcharge
                        and education cess)
Deduction of tax at source from
    payment to contractors[194C]
Transport Payment to transport operators in the course of
Operators business of plying, hiring or leasing goods
          carriages is not subject to TDS, if the recipient
          furnishes their PAN to the payer

Purposes   Payment/credit    should  be   for  business
           purposes, not    be exclusively for personal
           purposes
Meaning    Advertising, broadcasting and telecasting,
of Work    catering, carriage of documents and passengers,
           supply of labour, payment to electrician etc.
Payment    On the entire consideration including service
covered    tax, if any
Deduction of tax at source from
     income by way of rent[194I]
Who is the payer           Any person paying rent (not being an
                           individual or a HUF)
Who is the recipient       A resident person
At what time tax has to be At the time of payment or at the time of
deducted at source         credit, whichever is earlier
Maximum amount which       If the amount of payment during a
can be paid without tax    financial year is Rs. 1,80,000 or less
deduction                  than Rs. 1,80,000
Meaning of Rent            Any lease, sub-lease, tenancy or any
                           other agreement or arrangement
Rate of tax deduction at   2% for the use of any machinery or plant
source                     or equipment, 10% for the use of any
                           land or building or furniture or
                           fittings.(No SC and cess)
Deduction of tax at source on fees for
professional or technical services[194J]
Who is the payer        Any person paying rent (not being
                        an individual or a HUF)
Who is the recipient    A resident person
At what time tax has to At the time of payment or at the
be deducted at source   time of credit, whichever is earlier
Meaning of Professional Carrying on legal, medical, or
or technical services   interior decoration or managerial,
                        technical or consultancy services
Maximum amount          If the amount of profession fees
which can be paid       during the year is Rs. 30,000 or
without tax deduction   less than Rs. 30,000
Rate of tax deduction   10%(no surcharge and education
at source               cess)
Tax collection on Scrap at source
              [Sec. 206C]
 Every person, being a seller, shall collect tax from the
  buyer of goods specified as “Scrap” tax at source.

 Tax has to be collected by the seller at the time of
  debiting of the amount payable by the buyer to the
  account of buyer or at the time of receipt of such
  amount from the buyer in cash or by issue of cheque,
  whichever is earlier.

 Goods utilized for manufacturing/processing/not for
  the purpose of trading is not subject to tax collection,
  if the buyer gives declaration in Form No. 27C to the
  seller and copy of the same shall be submitted by the
  seller within 7 days from the last day of month in
  which it is received to the Commissioner.
Meaning of “Scrap”? [Sec. 206C]
‱ “SCRAP” has been defined as waste and scrap
  from the manufacture or mechanical working of
  materials which is definitely not usable as such
  because of breaking, cutting up, wear and other
  reasons.
‱ It would not include any waste or scrap-
× Which does not arise from manufacture or
  mechanical working of material; or
× Which is usable as such
× Waste or scrap arising from packing materials,
  newspapers, old machinery scraped etc.
× By-products generated from the manufacturing
  process as the same could be used as such.
At Glance Rates for tax deduction at
       source for AY 2012-13
Nature of Payment                                       TDS(SC;Nil, EC;
                                                        Nil, SHEC;Nil)

‱Sec. 194A-Interest other than interest on securities          10%
‱Sec. 194C-Payment to contractors or sub-contractors-
a) Payment/ credit to an individual or a HUF                   1%
b) Payment /credit to other than individual or a HUF           2%

‱   Sec. 194H- Commission or brokerage to resident            10%
‱ Sec. 194I- Rent to resident-
a) Rent of plant and machinery                                 2%
b) Rent of land or building or furniture or fittings          10%

‱   Sec. 194J- Fees for professional or technical             10%
‱   Sec.206C- Collection at source on Scrap                   1%
Time of deposit of TDS/TCS after
            April 1, 2010
Time of deposit of TDS                  Time of deposit of TCS
On or before 7 days from the end of     On or before 7 days from the
the month in which tax is deducted      end of the month in which tax
                                        is collected
‱Where income or amount is paid or
credited in the month of March:
 Tax should be deposited by April 30
‱Where income or amount is paid or      Within one week from the last
credited before March 1:                day of the month in which tax
Tax should be deposited within 7       is collected.
days from the end of month in which
tax is deducted.
Quarterly statement of tax deduction/
    collection after April,1 2010
Nature of Return                                     Form No.


Tax deduction from salary under section 192           24Q


Tax deduction when deductees are non resident(not
being a company ), foreign company and persons who    27Q
are resident, but not ordinarily resident




Tax deduction in any other case (Sec 194A to 194J)    26Q


Tax collection (Sec 206C)                             27EQ
Time-limit of Submission of Quarterly
Returns E-TDS/E-TCS after April, 1 2010
 Periodicity                            Due date of submission

 For the quarter ending June 30 of the
 financial year                        July 15 of the financial year

 For the quarter ending September 30
 of the financial year                  October 15 of the financial year

 For the quarter ending December 31
 of the financial year                  January 15 of the financial year

 For the quarter ending March 31 of     May 15 of the financial year
 the financial year                     immediately following the financial
                                        year in which tax is deducted/
                                        collected
Time Limit for issue of TDS/TCS
       certificate after April,1 2010
Form No.      Periodicity                     Due Date
Form No. 16   Annual        On or before May 31 of the financial year
and 12BA                    immediately following the financial year in
(Salary)                    which tax is deducted.

Form No. 16A Quarterly      Within 15 days from the due date of
(Non Salary)                furnishing quarterly TDS returns as;



Form No.      Quarterly     Within 15 days from the due date of
27D                         furnishing quarterly TCS returns as;
(TCS)
Permanent Account Number(PAN)
             [Sec. 139A]
 If the recipient does not furnish his PAN to the
  deductor ,tax will be deducted at the rate of 20 per cent
  for all sections in which TDS/TCS is deductible.
 PAN of the deductee should be mentioned in any
  correspondence and document which is exchanged
  between the deductor and the deductee.
 Every person receiving any sum or income from which
  tax has been deducted shall intimate his PAN to the
  deductor.
 In case of issuance of PAN number and card the
  maximum period should be allowed three months from
  the date of application.
Other points for consideration
 Amount payable to Govt./RBI/certain corporations not
  subject to tax deduction.
 Non deduction of TDS or late payment of deducted TDS
  attracts interest at the rate of 1.50% p.m. on TDS
  amount from the date on which TDS is actually
  deducted or paid.
 Goods received on „freight to pay basis‟ would also be
  subject to tax deduction.
 Reimbursements cannot be deducted out of the bill
  amount for the purpose of tax deduction at source.
Over to you
Thank you

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Tds2012 13

  • 1. Deduction and collection of tax at source (TDS/TCS)
  • 2. Overview To avoid cases of tax evasion.  To collect tax at source on accrual of income. Persons responsible for making payment to deduct tax at source and deposit the same to the Government‟s treasure within stipulated time. The recipient of income is liable to tax on the gross amount and the amount deducted at source is against his final tax liability.
  • 3. Payments covered by TDS scheme ‱ Deduction of tax from Salaries[Sec. 192] ‱ Deduction of tax at source from other than interest on securities [Sec. 194A] ‱ Deduction of tax at source from payment to contractors or sub-contractors[Sec. 194C] ‱ Deduction of tax at source from commission or brokerage[Sec.194H] ‱ Deduction of tax at source from income by way of rent[Sec. 194I) ‱ Deduction of tax at source on fees for professional or technical services[Sec. 194J) ‱ Tax collection at source on “Scrap”[Sec.206C]
  • 4. When and how is to be deducted at source from Salary?[192] Who is the payer Employer Who is the recipient Employee Payment Covered Taxable salary of the employee At what time tax has to be At the time of payment deducted at source Maximum amount which The amount of exemption limit(i.e. Rs. can be paid without tax 1,90,000 in case of woman/Rs. 2,50,000 deduction in case of senior citizen/ Rs. 1,80,000 for the assessment year 2012-13 Rate of tax deduction at Normal rates applicable to an individual source
  • 5. How to compute taxable salary?  Salary on “due” or “receipt” basis whichever is earlier.  Salary includes basic, DA, commission, bonus, leave salary etc.  Allowance includes all fixed quantity of money subject to certain exemptions.  Perquisite may be defined as any casual emolument or benefit attached to an office such as “Rent free accommodation, LTC, Medical reimbursement, interest free loan etc.  Section 80C to Section 80U, deductions would be available from gross total income.
  • 6. Permissible Deduction u/s 80C  The maximum amount deductible can not exceed Rs. 1.00 lakh on following nature of payments. 1. Life insurance premium including ULIPs subject to certain conditions. 2. Contribution towards statutory and recognized provident fund. 3. Contribution towards 15-year public provident fund. 4. Subscription to National Saving Certificates, VIII Issue. 5. Any Sum paid as tuition fees in India for full time education of any two children of an individual. 6. Any payment towards the cost of purchase/ construction of a residential property. 7. Amount deposited as term deposit for a period of 5 years or more. 8. Subscription towards notified units of Mutual Fund (ELSS)
  • 7. Permissible Deduction u/s 80CCF to 80D  Deductions in respect of subscription to long-term infrastructure bonds under section 80CCF can not exceed Rs. 20,000.  Deduction in respect of medical insurance premia under section 80D as per following: Taxpayer, spouse Parents of the Total and dependent taxpayer children dependent or not Max. amt 15,000 15,000 30,000 deductible Additional 5,000 5,000 10,000 amount for senior citizen Total 20,000 20,000 40,000
  • 8. Permissible Deduction u/s 80E & 80G  Deduction in respect of repayment of loan taken for higher education under section 80E by way of entire amount of interest on such loan up to 7 immediately succeeding assessment years.  Deduction in respect of donations under section 80G is not given by an employee to a notified public charitable institute except contribution made to funds like JN memorial fund, PM Relief Fund etc.  Compute tax liability on net income as per prescribed income tax rate

  • 9. Income Tax Rates for AY 2012-13 Individual, HUF, Women Senior Citizen who Super Senior Citizen Rates AOPs, and BOIs is 60 or above who is 80 or above years years Up to Rs. 1,80,000 Up to Rs. 1,90,000 Up to Rs. 2,50,000 Up to Rs. 5,00,000 Nil Rs. 1,80,000-Rs. Rs. 1,90,000-Rs. Rs. 2,50,000.- Rs. Not Available 10% 5,00,000 5,00,000 5,00,000 Rs. 5,00,000-Rs. Rs. 5,00,000-Rs. Rs. 5,00,000.- Rs. Rs. 5,00,000- Rs. 20% 8,00,000 8,00,000 8,00,000 8,00,000 Above Rs. Above Rs. Above Rs. Above Rs. 8,00,000 30% 8,00,000 8,00,000 8,00,000 Surcharge Surcharge Surcharge Surcharge Nil Education Cess Education Cess Education Cess Education Cess 2% S.H.E. Cess S.H.E. Cess S.H.E. Cess S.H.E. Cess 1%
  • 10. Other provisions tax from Salaries [Sec. 192]  If house rent allowance is Rs 3,000 per month (or less than that), the employer will give exemption on the basis of a declaration given by employee (no need to submit rent receipt)  The employer may, at the time of deducting tax at source, increase or decrease the amount to be deducted for the purpose of adjusting any previous deficiency or excess deduction.  The total salary should be rounded off to the nearest multiple Rs. 10.  Determined the average of income tax for whole financial year.  Deduct tax in even on monthly basis
  • 11. Deduction of tax at source from interest other than interest on securities[194A] and commission or brokerage[194H) Who is the payer Any person who is (not being individual or a HUF) Who is the recipient A resident Person At what time tax has to be At the time of payment or at the deducted at source time of credit, whichever is earlier Maximum amount which Tax is not deductible if payment can be paid without tax /credit does not exceed Rs. deduction 5,000 Rate of tax deduction at 10%(no surcharge and source education cess)
  • 12. Deduction of tax at source from payment to contractors[194C] Who is the payer Any company, firm, local authority, trust, individual or HUF & Govt. Who is the recipient A resident contractor At what time tax has to At the time of payment or at the be deducted at source time of credit, whichever is earlier Maximum amount Tax is not deductible if single which can be paid payment/credit does not exceed without tax deduction Rs. 30,000 or Rs. 75,000 in the aggregate during a financial year Rate of tax deduction 1% if recipient is an individual/ at source HUF, otherwise 2% (no surcharge and education cess)
  • 13. Deduction of tax at source from payment to contractors[194C] Transport Payment to transport operators in the course of Operators business of plying, hiring or leasing goods carriages is not subject to TDS, if the recipient furnishes their PAN to the payer Purposes Payment/credit should be for business purposes, not be exclusively for personal purposes Meaning Advertising, broadcasting and telecasting, of Work catering, carriage of documents and passengers, supply of labour, payment to electrician etc. Payment On the entire consideration including service covered tax, if any
  • 14. Deduction of tax at source from income by way of rent[194I] Who is the payer Any person paying rent (not being an individual or a HUF) Who is the recipient A resident person At what time tax has to be At the time of payment or at the time of deducted at source credit, whichever is earlier Maximum amount which If the amount of payment during a can be paid without tax financial year is Rs. 1,80,000 or less deduction than Rs. 1,80,000 Meaning of Rent Any lease, sub-lease, tenancy or any other agreement or arrangement Rate of tax deduction at 2% for the use of any machinery or plant source or equipment, 10% for the use of any land or building or furniture or fittings.(No SC and cess)
  • 15. Deduction of tax at source on fees for professional or technical services[194J] Who is the payer Any person paying rent (not being an individual or a HUF) Who is the recipient A resident person At what time tax has to At the time of payment or at the be deducted at source time of credit, whichever is earlier Meaning of Professional Carrying on legal, medical, or or technical services interior decoration or managerial, technical or consultancy services Maximum amount If the amount of profession fees which can be paid during the year is Rs. 30,000 or without tax deduction less than Rs. 30,000 Rate of tax deduction 10%(no surcharge and education at source cess)
  • 16. Tax collection on Scrap at source [Sec. 206C]  Every person, being a seller, shall collect tax from the buyer of goods specified as “Scrap” tax at source.  Tax has to be collected by the seller at the time of debiting of the amount payable by the buyer to the account of buyer or at the time of receipt of such amount from the buyer in cash or by issue of cheque, whichever is earlier.  Goods utilized for manufacturing/processing/not for the purpose of trading is not subject to tax collection, if the buyer gives declaration in Form No. 27C to the seller and copy of the same shall be submitted by the seller within 7 days from the last day of month in which it is received to the Commissioner.
  • 17. Meaning of “Scrap”? [Sec. 206C] ‱ “SCRAP” has been defined as waste and scrap from the manufacture or mechanical working of materials which is definitely not usable as such because of breaking, cutting up, wear and other reasons. ‱ It would not include any waste or scrap- × Which does not arise from manufacture or mechanical working of material; or × Which is usable as such × Waste or scrap arising from packing materials, newspapers, old machinery scraped etc. × By-products generated from the manufacturing process as the same could be used as such.
  • 18. At Glance Rates for tax deduction at source for AY 2012-13 Nature of Payment TDS(SC;Nil, EC; Nil, SHEC;Nil) ‱Sec. 194A-Interest other than interest on securities 10% ‱Sec. 194C-Payment to contractors or sub-contractors- a) Payment/ credit to an individual or a HUF 1% b) Payment /credit to other than individual or a HUF 2% ‱ Sec. 194H- Commission or brokerage to resident 10% ‱ Sec. 194I- Rent to resident- a) Rent of plant and machinery 2% b) Rent of land or building or furniture or fittings 10% ‱ Sec. 194J- Fees for professional or technical 10% ‱ Sec.206C- Collection at source on Scrap 1%
  • 19. Time of deposit of TDS/TCS after April 1, 2010 Time of deposit of TDS Time of deposit of TCS On or before 7 days from the end of On or before 7 days from the the month in which tax is deducted end of the month in which tax is collected ‱Where income or amount is paid or credited in the month of March:  Tax should be deposited by April 30 ‱Where income or amount is paid or Within one week from the last credited before March 1: day of the month in which tax Tax should be deposited within 7 is collected. days from the end of month in which tax is deducted.
  • 20. Quarterly statement of tax deduction/ collection after April,1 2010 Nature of Return Form No. Tax deduction from salary under section 192 24Q Tax deduction when deductees are non resident(not being a company ), foreign company and persons who 27Q are resident, but not ordinarily resident Tax deduction in any other case (Sec 194A to 194J) 26Q Tax collection (Sec 206C) 27EQ
  • 21. Time-limit of Submission of Quarterly Returns E-TDS/E-TCS after April, 1 2010 Periodicity Due date of submission For the quarter ending June 30 of the financial year July 15 of the financial year For the quarter ending September 30 of the financial year October 15 of the financial year For the quarter ending December 31 of the financial year January 15 of the financial year For the quarter ending March 31 of May 15 of the financial year the financial year immediately following the financial year in which tax is deducted/ collected
  • 22. Time Limit for issue of TDS/TCS certificate after April,1 2010 Form No. Periodicity Due Date Form No. 16 Annual On or before May 31 of the financial year and 12BA immediately following the financial year in (Salary) which tax is deducted. Form No. 16A Quarterly Within 15 days from the due date of (Non Salary) furnishing quarterly TDS returns as; Form No. Quarterly Within 15 days from the due date of 27D furnishing quarterly TCS returns as; (TCS)
  • 23. Permanent Account Number(PAN) [Sec. 139A]  If the recipient does not furnish his PAN to the deductor ,tax will be deducted at the rate of 20 per cent for all sections in which TDS/TCS is deductible.  PAN of the deductee should be mentioned in any correspondence and document which is exchanged between the deductor and the deductee.  Every person receiving any sum or income from which tax has been deducted shall intimate his PAN to the deductor.  In case of issuance of PAN number and card the maximum period should be allowed three months from the date of application.
  • 24. Other points for consideration  Amount payable to Govt./RBI/certain corporations not subject to tax deduction.  Non deduction of TDS or late payment of deducted TDS attracts interest at the rate of 1.50% p.m. on TDS amount from the date on which TDS is actually deducted or paid.  Goods received on „freight to pay basis‟ would also be subject to tax deduction.  Reimbursements cannot be deducted out of the bill amount for the purpose of tax deduction at source.