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Finance minister made many changes in rules and section related to TDS in his Final budget presented in July 2009 which resulted in change in TDS rates which created confusion on applicability of surcharge and cess on TDS. It also created confusion about the date of applicability of 20% rate of TDS when PAN not given. In his Budget finance minister made most of the provisions applicable from 1st October 2009. We are presenting below the TDS rates from 01st October 2009 to 31st March 2010 along with the name of TDS return form in which TDS return will be filed.

In a separate post we provided the TDS rates applicable for the period from 01st April 2009 to 30th September 2009

Download TDS Rate Calculator Post Budget for the Period from 01.10.2009 to 31.03.2010

Download TDS Rate Calculator Pre Budget for the Period from 01.04.2009 to 30.09.2009

Form 24Q:

Male Female Senior Citizen Tax (%)
For Income Between 0 to 1,60,000 For Income Between 0 to 1,90,000 For Income Between 0 to 2,40,000 0
For Income Between 1,60,001 to 3,00,000 For Income Between 1,90,001 to 3,00,000 For Income Between 2,40,001 to 3,00,000 10
For Income Between 3,00,001 to 5,00,000 For Income Between 3,00,001 to 5,00,000 For Income Between 3,00,001 to 5,00,000 20
For Income above 5,00,001 For Income above 5,00,001 For Income above 5,00,001 30
Surcharge 0
Education Cess 3

Form 26Q:

Section Nature of Payment Status Tax (%)
193 Interest on Debentures & Securities 10
194
Deemed Dividend
10
194A
Other Interest
> Aggregate sum exceeding Rs. 10,000 for Banking Co’s , etc.per person during the financial year.
> Aggregate sum exceeding Rs. 5,000 per person during the financial year
10
194B Lottery/Crossword Puzzle > Rs.5,000 30
194BB Winnings from Horse Race > Rs. 2,500 30
194C Contracts to Transporter, who has provided a valid PAN 0
Contracts to Individuals/HUF 1
Contracts to others 2
194D Insurance Commission > Rs.5,000 10
194EE Withdrawal from NSS > Rs.2,500 20
194F Repurchase of Units by MF/UTI 20
194G Commission on Sale of Lottery Tickets > Rs.1,000 10
194H Commission or Brokerage > Rs.2,500 10
194I Rent > Rs.1,20,000 p. a.
Rent of Plant & Machinery
2
Rent of Land, Building, Furniture, etc 10
194J Professional or Technical Fess > Rs.20,000 10
194LA Compensation on Compulsory Acquisition of immovable property >Rs.1,00,000 during the financial year 10
Surcharge 0
Education Cess 0
Note:  If there is no PAN details, then from 1st April 2010 TDS will be deduted at the rate of 20%.

Form 27Q:

Section

Nature of Payment

Status

Tax (%)

194E Payment to nonresident sportsmen or sports association 10
195(a) Income from foreign exchange assets payable to an Indian citizen 20
195(b) Income by way of long-term capital gain referred to in sec. 115E 10
195(c) Income by way of Short-term capital gains u/s. 111A 15
195(d) Income from other long-term capital gains 20
195(e) Income by way of interest payable by Government/Indian concern on money borrowed or debt incurred by Government or Indian concern in foreign currency 20
195(f) Royalty payable by Government or an Indian concern in pursuance of an agreement made by non-resident with the Government or the Indian concern after March 31, 1976, where such royalty is in consideration for the transfer of all or any rights (including the granting of a licence) in respect of copyright in any book on a subject referred to in the first proviso to section 115A(1A) to the Indian concern or in respect of computer software referred to in the second proviso to section 115(1A), to a person resident in India –
1.Where the agreement is made before June 1, 1997 30
2.Where the agreement is made after May 31, 1997 but before June 1, 2005 20
3.Where the agreement is made on or after June 1, 2005 10
195(g) Royalty (not being royalty of the nature referred to in (e) sub para) payable by Government or an Indian concern in pursuance of an agreement made by non-resident with the Government or the Indian concern and where such agreement is with an Indian concern, the agreement is approved by the Central Government or where it relates to matter included in the industrial policy, the agreement is in accordance with that policy
1.Where the agreement is made after March 31, 1961 but before April 1, 1976 COMPANY 50
OTHERS 30
2.Where the agreement is made after March 31, 1976 but before June 1, 1997 30
3.Where the agreement is made after May 31, 1997 but before June 1, 1997 20
4.Where the agreement is made on or after June 1, 2005 10
195(h) Fee for technical services payable by Government or an Indian concern in pursuance of an agreement made by non-resident with the Government or the Indian concern and where such agreement is with an Indian concern, the agreement is approved by the Central Government or where it relates to matter included in the industrial policy, the agreement is in accordance with the policy –
1.Where the agreement is made after February 29, 1964 but before April 1, 1976 COMPANY 50
OTHERS 30
2.Where the agreement is made after March 31, 1976 but before June 1, 1997 30
3.Where the agreement is made after May 31, 1997 but before June 1, 2005 20
4.Where the agreement is made on or after June 1, 2005 10
195(i) Any other income COMPANY 40
OTHERS 30
196A Income in respect of Units of Non-residents 20
196B Income and Long-term Capital gain from units of an Off shore fund 10
196C Income and Long-term Capital Gain from Foreign Currency Bonds or shares of indian companies 10
196D Income of Foreign Institutional Investors for Securities 20
Surcharge ( On Tax) Applicable for Foreign Companies if payment/credit exceeds Rs.1 crore of such companies 2.5
Education Cess on Tax deducted Plus Surcharge 3

Form 27EQ:

Collection Code

Nature of Purchase

Tax (%)

6CA Alcoholic liquor for human consumption 1
6CB Timber obtained under a forest lease 2.5
6CC Timber obtained under any mode other than forest lease 2.5
6CD Any other forest product not being timber or tendu leave 2.5
6CE Scrap 1
6CF Parking Lot 2
6CG Toll plaza 2
6CH Mining and quarrying 2
6CI Tendu leaves 5
Surcharge
(On Tax)
Applicable for Foreign Companies if collections exceeds Rs.1 crore of such companies 2.5
Education Cess Applicable for Foreign Companies 3

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0 Comments

  1. CA Kashyap Shah says:

    But Circular No. 786 and 23 have been withdrawn on 22-10-2009.

    After withdrawing the circular what will be the position of Section 195 for payment of Export Commission to Non-resident (Who is providing services outside India and commission remitted there) by an Indian Exporter?

    Kindly clarify the same.

    CA Kashyap Shah

  2. Pradeep says:

    Can somebody clarify if the TDS on rent is only for amount exceeding INR120,000 and if the rent is 150,000, the TDS is only for 30,000 @ 10% pa. Pls revert. Thanks.

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