TDS

No Penalty for wrong / non furnishing of PAN in TDS return if Asseee files later revised return with Correct PAN

ITO (TDS) Panchkula v. Bharat Electronics Ltd. (ITAT Chandigarh) it is apparent from the record that the assessee deducted TDS correctly and revised the PAN and filed revised statement in Form No. 26Q, hence there was sufficient compliance of the provisions of section 139A of the Act. Even otherwise the assessee did not derive any benefit whatsoever, by filing the wrong PANs and PAN was corrected after ascertaining the same from the respective deductees. In our view the ..
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TDS on Salary Payments to Non Residents & Expatriates

1. As per Section 192 of the IT Act, any person responsible for paying any amount under the head salaries is required to deduct tax at source at the time of payment. This section unlike some other provisions, does not distinguish between payment of salary, to a resident, non resident or expatriate. Thus all payments which are taxable under the head salaries, are also covered by the provisions of TDS, irrespective of the residential status of the recipient.
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Overview of TDS Provisions related to Salary

Section 192 of the I.T. Act, 1961 provides that every person responsible for paying any income which is chargeable under the head ‘salary’, shall deduct income tax on the estimated income of the assessee under the head salaries. The tax is required to be calculated at the average rate of income tax as computed on the basis of the rates in force.
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TDS – Provisions related to Lower deduction / non-deduction of tax and on payment to Government

Section 197 gives a right to the assessee to obtain a certificate from the Assessing Officer that tax may be deducted at a lower rate than prescribed in Sections 192,193,194,194A,194C,194D,194G,194H,194I, 194J, 194K, 194LA, and 195, by making an application. He can even apply for no deduction of income- tax at source. Income-tax rules have prescribed Form No. 13, under Rule 28 for such application.
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Duties of Person Deducting Tax at Source (TDS)

Deduct Tax at Correct Rate and deposit in Government Account, Electronic payment of taxes, Issue a TDS certificate, File Return/Quarterly Statement, Filing of Annual Return on Computer Readable Media, Quarterly statement of TDS
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Rights of Person from whose income (payment) the tax has been deducted

If tax has been deducted at source in accordance with the provisions of Chapter XVII-B of Income Tax Act, 1961, the person from whose income (payment) the tax has been deducted i.e. Payee or assessee shall not be asked upon to pay the tax himself to the extent tax has been deducted(Sec.205). Moreover u/s.199 such tax deducted at source shall be treated as payment of tax on behalf of the payee (assessee).
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Vodafone ruling effect – Exporters question TDS on foreign payment post

The Supreme Court judgement on Vodafone tax case seems to have opened a Pandora's box with exporters too expressing reservation on tax deducted at source (TDS) for payment with regard to overseas transactions. Exporters' body FIEO today questioned the applicability of Section 195 of the Income Tax Act, under which they are asked to pay TDS on payments made for foreign agency commissions, royalties and offshore professional services.
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NSDL releases new e-tds Return Preparation Utility (RPU) version 2.7

Key features of NSDL Return Preparation Utility (RPU) version 2.7 Correction Statements: Mandatory to import consolidated file for validating the Correction statements. Incorporated FVU: FVU version 3.3 and FVU version 2.131 are incorporated. Higher deduction deductee record: For deductee records with valid deductee PAN where tax has been deducted, update is allowed on all fields of the deductee record, except for the column “Remarks (Reason for lower ..
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