|Section 192||Payment of Salary and Wages|
|Criterion of Deduction||TDS is deducted if the estimated income of the employee is taxable.|
Employer must not deduct tax on non-taxable allowances like conveyance allowance, rent allowance, medical allowance and deductible investments under sections like 80C, 80CC, 80D, 80DD, 80DDB, 80E, 80GG and 80U.
No tax is required to be deducted at source if the estimated total income of the employee is less than the minimum taxable income (Rs. 2,50,000/- in case of Individual, HUF, AOP, BOD and AJP. Nil for others.)
|TDS Rate||As per Income Tax, Surcharge and Education Cess rates applicable on the estimated income of employee for the year.|
|Section||For Payment of||On Payments Exceeding||Individual/|
|193||Interest on Securites||Rs. 5000/-||10%||10%|
|194 A||Interest other than on securities by banks||Rs. 10000/-||10%||10%|
|194 A||Interest other than on securities by others||Rs. 5000/-||10%||10%|
|194 B||Winnings from Lotteries / Puzzle / Game||Rs. 10000/-||30%||30%|
|194 BB||Winnings from Horse Race||Rs. 5000/-||30%||30%|
|194 C (1)||Payment to Contractors|| Rs. 30000/- for single payment|
Rs. 75000/- for aggregate
|194 C (2)||Payment to Sub-Contractors / for Advertisements|
|194 D||Payment of Insurance Commission||Rs. 20000/-||10%||10%|
|194 EE||Payment of NSS Deposits||Rs. 2500/-||20%||NA|
|194 F||Repurchase of units by Mutual Funds / UTI||Rs. 1000/-||20%||20%|
|194 G||Commission on Sale of Lottery tickets||Rs. 1000/-||10%||10%|
|194 H||Commission or Brokerage||Rs. 5000/-||10%||10%|
|194 I||Rent of Land, Building or Furniture||Rs. 180000/-||10%||10%|
|Rent of Plant & Machinery||Rs. 180000/-||2%||2%|
|194 IA||Transfer of Immovable Property (w.e.f. 01.06.2013)||Rs. 50 lacs||1%||1%|
|194 J||Professional / technical services, royalty||Rs. 30000/-||10%||10%|
|194 J (1)||Remuneration / commission to director of the company||-||10%||10%|
|194 J (ba)||Any remuneration / fees / commission paid to a director of a company, other than those on which tax is deductible u/s 192.||-||10%||10%|
|194 L||Compensation on acquisition of Capital Asset||Rs. 100000/-||10%||10%|
|194 LA||Compensation on acquisition of certain immovable property||Rs. 200000/-||10%||10%|
All persons who are required to deduct tax at source or collect tax at source on behalf of Income Tax Department are required to apply for and obtain Tax Deduction or Tax Collection Account Number (TAN).
Salary :At the time of payment
Other Payments :When income paid or credited including credit to "Payable" or "Suspense" account.
Consequences of failure to deduct tax:
Interest - 1% of the tax deductible.
Penalty - equal to the amount of tax deductible but not deducted.
|Quarter||Salary Payments||Other Payment|
|April to February||7th of next month||7th of next month|
|March||30th April||30th April|
Consequences of default :
Interest @ 1.5% of tax not deposited is payable u/s 201(A).
Punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to seven years and with fine under Section 276(B).
The certificate on Form No. 16 should be issued by the deductor by 31st day of May of the financial year immediately following the financial year in which the income was paid and tax deducted.
2. In all other cases :
The certificate on Form No. 16A should be issued within fifteen days from the due date for furnishing the "statement of TDS" under rule 31A.
Penalty on Failure to Issue TDS Certificate: Rs. 100/- every day for the period failure continues subject to a maximum of TDS amount.
(a) Statement of deduction of tax under section 192 in Form No. 24Q
(b) Statement of deduction of tax under sections 193 to 196D in :
|Quarter ending||Due date,if deductor is an office of the Government||Due Date for others|
|30th June||31st July of the financial year||15th July of the financial year|
|30th September||31st October of the financial year||15th October of the financial year|
|31st December||31st January of the financial year||15th January of the financial year|
|31st March||15th May of the financial year immediately following the financial year in which deduction is made||15th May of the financial year immediately following the financial year in which deduction is made.|
|Penal Provisions for failure / default in submitting returns /statements|
|Section 272A(2)||Failure to submit returns prescribed under Section 200(3)||Penalty of Rs. 100/- every day during which the failure continues upto a maximum of TDS amount.|
|Section 234E||Failure to TDS return in time||Fine of Rs. 200/- every day during which the failure continues will be levied on deductor as long as the default continues, subject to a maximum of TDS amount.|
|Section 271H||(i) If deductor defaults for more than 1 year in filing TDS Statement
(ii) If deductor furnishes incorrect details like PAN, TDS amount, Challan particulars etc.
|Penalty which shall not be less than ten thousand rupees but which may extend to one lakh rupees.|
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