Circular No. 614-Income tax dated 14-11-1991

FINANCIAL YEAR 1991-92

 Instructions for deduction of tax at source from insurance commission, etc. – Rate of tax applicable during the financial year 1991-92

1. Reference is invited to the Board’s Circular No. 570, dated 27-7-1990 wherein the rates at which the deduction of income-tax was to be made during the financial year 1990-91, from payment of income by way of insurance commission under section 194D of the Income-tax Act, 1961 were circulated.

2. There is no change in the rates for deducting income-tax during the financial year 1991-92. These rates are as under :

3. Further, the amount of income-tax deducted at the aforesaid rates is to be increased by a surcharge at the rate of 12 per cent in the case of a non-corporate resident person and at the rate of 15 per cent in the case of a domestic company.

4. It may be noted that the provisions of section 194D apply in relation to income by way of insurance commission paid to a resident only. However, under the provisions of section 195, income-tax is required to be deducted from payments (including payments by way of insurance commission) made to a non-corporate non-resident assessee or to a foreign company also.

5. According to the provisions of section 194D, any person paying to a resident any income by way of remuneration or reward, wheth­er by way of commission or otherwise for soliciting or procuring insurance business (including business relating to the continu­ance, renewal or revival of insurance policies) is required to deduct at the time of actual payment or at the time of credit of such income, whichever is earlier, income-tax at the rates in force. However, no such deduction is required to be made in a case where the amount of such income or the aggregate amount of such income during the financial year does not exceed Rs. 5,000.

6. There is also a provision in the Income-tax Act for deduction of tax at source under section 194D at lower rate or no deduction in certain cases. For this purpose, a certificate for deduction at lower rate or no deduction can be obtained by a resident individual from his Assessing Officer, as provided in sub-section (1) of section 197. Where any such certificate is given, the person responsible for paying the insurance commission shall, until such certificate is cancelled by the Assessing Officer, deduct income-tax at the rates specified in such certificates or deduct no tax, as the case may be.

7. The responsibilities, obligations, etc., under the Income-tax Act of the person deducting tax at source are as follows :

    (a)   According to the provisions of section 200, any person deducting any sum in accordance with the provisions of section 194D shall pay, within the prescribed time (as laid down in rule 30 of the Income-tax Rules, 1962), the sum so deducted to the credit of the Central Government. In the case of deduction by or on behalf of the Government, the sum has to be paid on the day of the deduction itself. In other cases, normally the same has to be paid within one week from the last day of the month in which the deduction is made. If a person fails to deduct tax at source, or, after deducting, fails to pay the tax to the credit of the Cen­tral Government, he shall be liable to action in accordance with the provisions of section 201. Sub-section (1A) of section 201 lays down that such person shall be liable to pay simple interest at 15 per cent per annum on the amount of such tax from the date on which such tax was deductible to the date on which such tax is actually paid. Further, section 271C lays down that if any person fails to deduct tax at source, he shall be liable to pay, by way of penalty, a sum equal to the amount of tax not deducted by him. Further, section 276B of the Act lays down that if a person fails to pay to the credit of the Central Government the tax deducted at source by him, he shall be punishable with rigorous imprison­ment for a term which shall not be less than 3 months but which may extend to 7 years and with fine.

    (b)   According to the provisions of section 203, every person deducting tax at source is required to furnish a certifi­cate to the effect that the tax has been deducted, and, to speci­fy therein the amount deducted, and, certain other particulars. The certificate has to be issued in Form No. 16A (copy enclosed at Annexure I) within the prescribed period of one month and fourteen days to the person to whose account credit is given or to whom payment is made by any mode, as the case may be. Form No. 16A can be issued by the tax deductors on their own stationery. Detailed instructions regarding the use of these forms have been issued in Board’s Circular No. 597, dated 27-3-1991. If a person fails to issue a certificate as required by section 203, he shall be liable to pay, by way of penalty under section 272A of the Act, a sum which shall not be less than Rs. 100 but which may extend to Rs. 200 for every day during which the failure contin­ues.

    (c)   According to the provisions of section 203A of the Income-tax Act, it is obligatory for all persons responsible for deducting tax at source to obtain and quote the Tax Deduction Account Number (TAN) in the challans, TDS certificates, returns, etc. Detailed instructions in this regard are available in the Board’s Circular No. 497, dated 9-10-1987. If a person fails to comply with the provisions of section 203A, he shall be liable to pay by way of penalty, under section 272BB, a sum up to Rs. 5,000.

    (d)   According to the provisions of section 206, read with rules 36A and 37, of the Income-tax Rules, the prescribed person in the case of every office of Government, the principal officer in the case of every company, the prescribed person in the case of every local authority or other public body or association, every private employer, and every other person responsible for deducting tax at source shall prepare and deliver by the 30th June following the financial year, to the designated/concerned Assess­ing Officer the annual return of deduction of tax from insurance commission in Form No. 26D. It may be noted that a copy of each TDS certificate issued during the financial year should be en­closed with the annual return.

If a person fails to furnish in due time the annual return, he shall be liable to pay, by way of penalty under section 272A, a sum which shall not be less than Rs. 100 but which may extend to Rs. 200 for every day during which the failure continues. Howev­er, the maximum penalty will not exceed the amount of tax deduct­ible.

8. These instructions are not exhaustive and are issued only with a view to helping the persons responsible for making deduction of tax at source under section 194D. Wherever there is any doubt, a reference may be made to the provisions of the Income-tax Act, 1961 and the Finance (No. 2) Act, 1991. In case any assistance is required, the Assessing Officer concerned or the Local Public Relations Officer of the Income-tax Department may be approached.

Circular : No. 614, dated 14-11-1991.

ANNEXURE I

FORM NO. 16A

[See rule 31(1)(b)]

Certificate of deduction of tax at source under section 203 of the
Income-tax Act, 1961

For interest on securities, dividends, interest on time deposits referred to in clauses (vii) and (viia) of sub-section (3) of section 194A; insurance commission; payments in respect of depos­its under National Savings Scheme; payments on account of repur­chase of units by the Mutual Fund or Unit Trust of India; commis­sion, remuneration or prize on sale of lottery tickets; commis­sion or brokerage; income from units referred to in section 196B.

DETAILS OF PAYMENT, TAX DEDUCTION AND DEPOSIT OF TAX INTO
CENTRAL GOVERNMENT ACCOUNT

Certified that a sum of Rs. (in words) …………………. has been deducted at source and paid to the credit of the Central Government as per details given above.