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Income Tax

Tax Deducted at Source (TDS): FAQs

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The FAQs on Tax Deducted at Source (TDS) provide a comprehensive overview of the TDS mechanism, applicable rates, threshold limits, compliance obligations, and taxpayer rights under the Income-tax Act for Assessment Year 2026-27. TDS is a system for collecting tax at the time income is generated, requiring the payer to deduct tax on specified payments such as salary, interest, dividends, rent, commission, professional fees, contractual payments, virtual digital assets, e-commerce transactions, and partner remuneration before remitting the balance to the recipient. The FAQs include detailed section-wise TDS rates for residents, non-residents, domestic companies, and foreign companies, while also explaining threshold limits below which no TDS is required. They clarify the consequences of non-furnishing of PAN under Section 206AA, higher deduction in specified cases, availability of Form 15G and Form 15H for eligible taxpayers seeking non-deduction, and exemptions from TDS in certain situations. The guidance also explains property-related TDS under Sections 194-IA and 195, special provisions for rent, director remuneration, e-commerce, virtual digital assets, and non-resident remittances, together with filing requirements for Forms 15CA and 15CB.

The FAQs further explain the responsibilities of deductors, remedies available to deductees, and the legal consequences of TDS non-compliance. Every deductor is required to obtain TAN (except specified cases), deduct tax at the prescribed rates, deposit it within the stipulated time, file TDS statements, and issue TDS certificates. Failure to deduct or deposit TDS may result in disallowance of expenditure, interest under Section 201, penalties under Section 271C, and even imprisonment in cases of misuse of deducted tax. The guidance also clarifies that a deductor may avoid being treated as an assessee-in-default if prescribed conditions are satisfied and Form 26A is furnished. Taxpayers are advised to verify TDS credits through Form 26AS, reconcile discrepancies with deductors, and claim credit only to the extent reflected therein. The FAQs also discuss TDS on purchase of immovable property, TDS on rent paid to co-owners, remittances to non-residents, Form 15CA/15CB procedures, TCS on GST-inclusive amounts, and payments to Government, making the document a comprehensive compliance guide for both deductors and deductees.

FAQs on Tax Deducted at Source (TDS)

Q.1 What is tax deducted at source?

Ans. For quick and efficient collection of taxes, the Income-tax Law has incorporated a system of deduction of tax at the point of generation of income. This system is called as “Tax Deducted at Source”, commonly known as TDS. Under this system tax is deducted at the origin of the income. Tax is deducted by the payer and is remitted to the Government by the payer on behalf of the payee.

The provisions of deduction of tax at source are applicable to several payments such as salary, interest, commission, brokerage, professional fees, royalty, contract payments, etc. In respect of payments to which the TDS provisions apply, the payer has to deduct tax at source on the payments made by him and he has to deposit the tax deducted by him to the credit of the Government.

Q.2 What are the payments covered under the TDS mechanism and the rates for deduction of tax at source?

Ans. ​​Tax is deductible at source at the rates given in table (infra). If PAN of the deductee is not intimated to the deductor, tax will be deducted at source by virtue of section ​206AA e​ither at the rate given in the table or at the rate or rates in force or at the rate of 20 per cent, whichever is higher. Further, under section 94A(5), if payment or credit is made or given to a deductee who is located in a notified jurisdictional area, tax is deductible at the rate given in the table or at the rate of 30 per cent, whichever is higher. TDS rates for the financial year 2025-26 are as follows—

Rates for tax deduction at source*

[For Assessment year 2026-27]

Particulars TDS Rates (in %)
1. In the case of a person other than a company
1.1 where the person is resident in India-
Section 192: Payment of salary Normal Slab Rate
Section 192A: Payment of accumulated balance of provident fund which is taxable in the hands of an employee. 10
Section 193: Interest on securities
a) any debentures or securities for money issued by or on behalf of any local authority or a corporation established by a Central, State or Provincial Act; 10
b) any debentures issued by a company where such debentures are listed on a recognised stock exchange in accordance with the Securities Contracts (Regulation) Act, 1956 (42 of 1956) and any rules made thereunder; 10
c) any security of the Central or State Government;

[i.e. 8% Savings (Taxable) Bonds, 2003 and 7.75% Saving (Taxable) Bonds, 2018, Floating Rate Savings Bonds, 2020 (Taxable) or any other notified security]

10
d) interest on any other security 10
Section 194: Income by way of dividend 10
Section 194A: Income by way of interest other than “Interest on securities” 10
Section 194B: Income by way of winnings from lotteries, crossword puzzles, card games and other games of any sort, or from gambling or betting of any form or nature whatsoever. 30
Section 194BA: Income by way of winnings from any online game 30
Section 194BB: Income by way of winnings from horse races 30
Section 194C: Payment to contractor/sub-contractor
a) HUF/Individuals 1
b) Others 2
Section 194D: Insurance commission 5
Section 194DA: Payment in respect of life insurance policy

w.e.f. 1/9/2019, the tax shall be deducted on the amount of income comprised in insurance pay-out

2
Section 194EE: Payment in respect of deposit under National Savings scheme 10
Section 194F: Payment on account of repurchase of unit by Mutual Fund or Unit Trust of India

Note: The provisions of this section are not applicable with effect from 01-10-2024

20
Section 194G: Commission, etc., on sale of lottery tickets 2
Section 194H: Commission or brokerage 2
Section 194-I: Rent
a) Plant & Machinery 2
b) Land or building or furniture or fitting 10
Section 194-IA: Payment on transfer of certain immovable property other than agricultural land 1
Section 194-IB: Payment of rent by individual or HUF not liable to tax audit 2
Section 194-IC: Payment of monetary consideration under Joint Development Agreements 10
Section 194J: Fees for professional or technical services:

i)  sum paid or payable towards fees for technical services

ii)  sum paid or payable towards royalty in the nature of consideration for sale, distribution or exhibition of cinematographic films;

iii)  Any other sum

Note: With effect from June 1, 2017 the rate of TDS would be 2% in case of payee engaged in business of operation of call center.

 

2

2

10

Section 194K: Income in respect of units payable to resident person 10
Section 194LA: Payment of compensation on acquisition of certain immovable property 10
Section 194LBA(1): Business trust shall deduct tax while distributing, any interest received or receivable by it from a SPV or any income received from renting or leasing or letting out any real estate asset owned directly by it, to its unit holders. 10
Section 194LBB: Investment fund paying an income to a unit holder [other than income which is exempt under Section 10(23FBB)] 10
Section 194LBC: Income in respect of investment made in a securitisation trust (specified in Explanation of section 115TCA) 10
Section 194M: Payment of commission (not being insurance commission), brokerage, contractual fee, professional fee to a resident person by an Individual or a HUF who are not liable to deduct TDS under section 194C, 194H, or 194J.

Tax shall be deducted under Section 194M with effect from 1/09/2019 when aggregate of sum credited or paid during a financial year exceeds Rs. 50 lakh.

5
(till 30-09-2024)2
(w.e.f 01-10-2024)
Section 194N: Cash withdrawal during the previous year from one or more account maintained by a person with a banking company, co-operative society engaged in business of banking or a post office:

i) in excess of Rs. 1 crore#

ii) in excess of Rs. 20 lakhs*

* for those persons who have not filed return of income (ITR) for three previous years immediately preceding the previous year in which cash is withdrawn, and the due date for filing ITR under section 139(1) has expired. The deduction of tax under this situation shall be at the rate of:

a) 2% from the amount withdrawn in cash if the aggregate of the amount of withdrawal exceeds Rs. 20 lakhs during the previous year; or

b) 5% from the amount withdrawn in cash if the aggregate of the amount of withdrawal exceeds Rs. 1 crore during the previous year.

# The threshold limit of Rs. 1 crore is increased to Rs. 3 crores if the withdrawal of cash is made by co-operative society.

 

2

2/5

Section 194-O: Payment or credit of amount by the e-commerce operator to e-commerce participant 0.1
Section 194P: Deduction of tax by specified bank in case of senior citizen having age of 75 or more Tax on total income as per rate in force
Section 194Q: Payment for purchase of goods of the aggregate value exceeding Rs. 50 lakhs

Note: TDS is deductible on sum exceeding Rs. 50 lakhs

0.1
Section 194R: Deduction of tax in case any benefit or perquisite is provided and aggregate value of such benefit/perquisite exceeds Rs. 20,000

Note: Benefit or perquisite should be arising from business or the exercise of a profession by such resident.

10
Section 194S: Payment on transfer of Virtual Digital Asset

Note: No tax shall be deducted under this provision in the following circumstance:

• If the consideration is payable by any person (other than a specified person) and its aggregate value does not exceed Rs. 10,000 during the financial year.

• if the consideration is payable by a specified person and its aggregate value does not exceed Rs. 50,000 during the financial year.

Specified person means:

(a) An individual or a HUF, whose total sales, gross receipts or turnover does not exceed Rs. 1 crore in case of business or Rs. 50 lakhs in case of a profession, during the financial year immediately preceding the financial year in which virtual digital asset is transferred;

(b) An individual or a HUF who does not have any income under the head profits and gains of business or profession.

1
Section 194T: Payments of any sum in the nature of salary, remuneration, commission, bonus or interest to a partner of the firm.

Note:

(1) This provision is effective from 01-04-2025

(2) No deduction if aggregate of such sum paid/payable does not exceed Rs. 20,000 during the financial year.

10
Any Other Income 10
1.2 where the person is not resident in India*-
Section 192: Payment of Salary Normal Slab Rate
Section 192A: Payment of accumulated balance of provident fund which is taxable in the hands of an employee. 10
Section 194B: Income by way of winnings from lotteries, crossword puzzles, card games and other games of any sort or from gambling or betting of any form or nature whatsoever. 30
Section 194BA: Income by way of winnings from any online game 30
Section 194BB: Income by way of winnings from horse races 30
Section 194E: Payment to non-resident sportsmen/sports association 20
Section 194EE: Payment in respect of deposits under National Savings Scheme 10
Section 194F:Payment on account of repurchase of unit by Mutual Fund or Unit Trust of India

Note: The provisions of this section are not applicable with effect from 01-10-2024

20
Section 194G: Commission, etc., on sale of lottery tickets 2
Section 194LB: Payment of interest on infrastructure debt fund 5
Sec. 194LBA(2): Payment of the nature referred to in Section 10(23FC)(a) 5
Section 194LBA(2): Payment of the nature referred to in Section 10(23FC)(b) 10
Section 194LBA(3): Payment of the nature referred to in section 10(23FCA) by business trust to unit holders 30
Section 194LBB: Investment fund paying an income to a unit holder [other than income which is exempt under Section 10(23FBB)]. 30
Section 194LBC: Income in respect of investment made in a securitisation trust (specified in Explanation of section 115TCA) 10
Section 194LC: Payment of interest by an Indian Company or a business trust in respect of money borrowed in foreign currency under a loan agreement or by way of issue of long-term bonds (including long-term infrastructure bond) 5 or 4* or 9**

* In case where interest is payable in respect of Long-term Bond or Rupee Denominated Bond listed on recognised stock exchange located in IFSC

** Where money borrowed from a source outside India by issuing a long-term bond or rupee-denominated bond on or after 01-04-2023, which is listed only on a recognised stock exchange located in an IFSC

Section 194LD: Payment of interest on rupee denominated bond of an Indian Company or Government securities to a Foreign Institutional Investor or a Qualified Foreign Investor 5
Section 194N: Cash withdrawal during the previous year from one or more account maintained by a person with a banking company, co-operative society engaged in business of banking or a post office:
i) in excess of Rs. 1 crore 2
ii) in excess of Rs. 20 lakhs* 2/5
* for those persons who have not filed return of income (ITR) for three previous years immediately preceding the previous year in which cash is withdrawn, and the due date for filing ITR under section 139(1) has expired. The deduction of tax under this situation shall be at the rate of:

a) 2% from the amount withdrawn in cash if the aggregate of the amount of withdrawal exceeds Rs. 20 lakhs during the previous year; or

b) 5% from the amount withdrawn in cash if the aggregate of the amount of withdrawal exceeds Rs. 1 crore during the previous year.

Section 194T: Payments of any sum in the nature of salary, remuneration, commission, bonus or interest to a partner of the firm. 10
Note:
(1) This provision is effective from 01-04-2025
(2) No deduction if aggregate of such sum paid/payable does not exceed Rs. 20,000 during the financial year.
Section 195: Payment of any other sum to a Non-resident
a) Income in respect of investment made by a Non-resident Indian Citizen 20
b) Income by way of long-term capital gains referred to in Section 115E in case of a Non-resident Indian Citizen, in respect of transfer which takes place: 12.5
c) Income by way of long-term capital gains referred to in sub-clause (iii) of clause (c) of sub-Section (1) of Section 112, in respect of transfer which takes place: 12.5
d) Income by way of long-term capital gains as referred to in Section 112A exceeding Rs. 1,25,000 in respect of transfer which takes place: 12.5
e) Income by way of short-term capital gains referred to in Section 111A in respect of transfer which takes place: 20
f) Any other income by way of long-term capital gains [not being long-term capital gains referred to in sections 10(33), 10(36)], in respect of transfer which takes place: 12.5
g) Income by way of dividend from a unit in International Financial Services Centre 10
h) Income by way of dividend [Other than (g)] 20
i) Income by way of interest payable by Government or an Indian concern on moneys borrowed or debt incurred by Government or the Indian concern in foreign currency (not being income by way of interest referred to in Section 194LB or Section 194LC) 20
j) Income by way of royalty payable by Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern 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 sub-section (1A) of Section 115A of the Income-tax Act, to the Indian concern, or in respect of any computer software referred to in the second proviso to sub-section (1A) of Section 115A of the Income-tax Act, to a person resident in India 20
k) Income by way of royalty [not being royalty of the nature referred to point h) above] payable by Government or an Indian concern in pursuance of an agreement made by it 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 a matter included in the industrial policy, for the time being in force, of the Government of India, the agreement is in accordance with that policy 20
l) Income by way of fees for technical services payable by Government or an Indian concern in pursuance of an agreement made by it 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 a matter included in the industrial policy, for the time being in force, of the Government of India, the agreement is in accordance with that policy 20
m) Any other income 30
Section 196A: Income in respect of units of non-resident 20
Section 196B: Income from units referred to in section 115AB(1)(i) 10
Section 196B: Long-term capital gain on transfer of units referred to in section 115AB, in respect of transfer which takes place: 10
12.5
Section 196C: Income by way of interest or dividends in respect of bonds or GDR referred to in section 115AC 12.5
Section 196C: Long-term capital gain arising from transfer of bonds or GDR referred to in section 115AC, in respect of transfer which takes place: 10
12.5
Section 196D: Income of foreign Institutional Investors from securities (not being dividend or capital gain arising from such securities)

Note: Tax shall be deducted at the rate provided under DTAA if same is lower than the existing TDS rate of 20%.

20
Section 196D(1A): Income in respect of securities referred to in section 115AD(1)(a) payable to specified fund [referred to in clause (c) of Explanation to section 10(4D)]
Note: Since recipient of income is a specified fund, surcharge & health and education cess shall be nil.
10
2. In the case of a company-
2.1 where the company is a domestic company-
Section 193: Interest on securities
a) any debentures or securities for money issued by or on behalf of any local authority or a corporation established by a Central, State or Provincial Act; 10
b) any debentures issued by a company where such debentures are listed on a recognised stock exchange in accordance with the Securities Contracts (Regulation) Act, 1956 (42 of 1956) and any rules made thereunder; 10
c) any security of the Central or State Government;

[i.e. 8% Saving (Taxable) Bonds, 2003 and 7.75% Saving (Taxable) Bonds, 2018, Floating Rate Savings Bonds, 2020 (Taxable) or any other notified security]

10
d) interest on any other security 10
Section 194: Dividend 10
Section 194A: Income by way of interest other than “Interest on securities” 10
Section 194B: Income by way of winnings from lotteries, crossword puzzles, card games and other games of any sort or from gambling or betting of any form or nature whatsoever. 30
Section 194BA: Income by way of winnings from any online game 30
Section 194BB: Income by way of winnings from horse races 30
Section 194C: Payment to contractor/sub-contractor
a) HUF/Individuals 1
b) Others 2
Section 194D: Insurance commission 10
Section 194DA: Payment in respect of life insurance policy

w.e.f. 1/9/2019, the tax shall be deducted on the amount of income comprised in insurance pay-out

2
Section 194EE: Payment in respect of deposit under National Savings scheme 10
Section 194F: Payment on account of repurchase of unit by Mutual Fund or Unit Trust of India

Note: The provisions of this section are not applicable with effect from 01-10-2024

20
Section 194G: Commission, etc., on sale of lottery tickets 2
Section 194H: Commission or brokerage 2
Section 194-I: Rent
a) Plant & Machinery 2
b) Land or building or furniture or fitting 10
Section 194-IA:Payment on transfer of certain immovable property other than agricultural land 1
Section 194-IC:Payment of monetary consideration under Joint Development Agreements 10
Section 194J: Fees for professional or technical services:

i)   sum paid or payable towards fees for technical services

ii)   sum paid or payable towards royalty in the nature of consideration for sale, distribution or exhibition of cinematographic films;

iii)   Any other sum

Note: With effect from June 1, 2017 the rate of TDS would be 2% in case of payee engaged in business of operation of call center.

2

2

10

Section 194K : Income in respect of units payable to resident person 10
Section 194LA: Payment of compensation on acquisition of certain immovable property 10
Section 194LBA(1): Business trust shall deduct tax while distributing, any interest received or receivable by it from a SPV or any income received from renting or leasing or letting out any real estate asset owned directly by it, to its unit holders. 10
Section 194LBB: Investment fund paying an income to a unit holder [other than income which is exempt under Section 10(23FBB)] . 10
Section 194LBC: Income in respect of investment made in a securitisation trust (specified in Explanation of section 115TCA) 10
Section 194M: Payment of commission (not being insurance commission), brokerage, contractual fee, professional fee to a resident person by an Individual or a HUF who are not liable to deduct TDS under section 194C, 194H, or 194J.

Tax shall be deducted under Section 194M with effect from 1/09/2019 when aggregate of sum credited or paid during a financial year exceeds Rs. 50 lakh.

2
Section 194N: Cash withdrawal during the previous year from one or more account maintained by a person with a banking company, co-operative society engaged in business of banking or a post office:

i)   in excess of Rs. 1 crore

ii)   in excess of Rs. 20 lakhs*

* for those persons who have not filed return of income (ITR) for three previous years immediately preceding the previous year in which cash is withdrawn, and the due date for filing ITR under section 139(1) has expired. The deduction of tax under this situation shall be at the rate of:

a)   2% from the amount withdrawn in cash if the aggregate of the amount of withdrawal exceeds Rs. 20 lakhs but not exceeding Rs. 1 crore during the previous year; or

b)   5% from the amount withdrawn in cash if the aggregate of the amount of withdrawal exceeds Rs. 1 crore during the previous year.

 

2

2/5

Section 194-O: Payment or credit of amount by the e-commerce operator to e-commerce participant 0.1
Section 194P: Deduction of tax by specified bank in case of senior citizen having age of 75 or more Tax on total income as per rate in force
Section 194Q: Payment to resident for purchase of goods of the aggregate value exceeding Rs. 50 lakhs

Note: TDS is deductible on sum exceeding Rs. 50 lakhs

0.1
Section 194R: Deduction of tax in case any benefit or perquisite is provided and aggregate value of such benefit/perquisite exceeds Rs. 20,000

Note: Benefit or perquisite should be arising from business or the exercise of a profession by such resident.

10
Section 194S: Payment on transfer of Virtual Digital Asset

Note: No tax shall be deducted under this provision in the following circumstance:

• If the consideration is payable by any person (other than a specified person) and its aggregate value does not exceed Rs. 10,000 during the financial year.

• if the consideration is payable by a specified person and its aggregate value does not exceed Rs. 50,000 during the financial year.

Specified person means:

(a) An individual or a HUF, whose total sales, gross receipts or turnover does not exceed Rs. 1 crore in case of business or Rs. 50 lakhs in case of a profession, during the financial year immediately preceding the financial year in which virtual digital asset is transferred;

(b) An individual or a HUF who does not have any income under the head profits and gains of business or profession.

1
Any Other Income 10
2.2 where the company is not a domestic company*-
Section 194B: Income by way of winnings from lotteries, crossword puzzles, card games and other games of any sort or from gambling or betting of any form or nature whatsoever. 30
Section 194BA: Income by way of winnings from any online game 30
Section 194BB: Income by way of winnings from horse races 30
Section 194E: Payment to non-resident sports association 20
Section 194G: Commission, etc., on sale of lottery tickets 2
Section 194LB: Payment of interest on infrastructure debt fund 5
Section 194LBA(2): – Payment of the nature referred to in Section 10(23FC)(a) 5
Section 194LBA(2): Payment of the nature referred to in Section 10(23FC)(b) 10
Section 194LBA(3): Business trust shall deduct tax while distributing any income received from renting or leasing or letting out any real estate asset owned directly by it to its unit holders. 35
Section 194LBB: Investment fund paying an income to a unit holder [other than income which is exempt under Section 10(23FBB)]. 35
Section 194LBC: Income in respect of investment made in a securitisation trust (specified in Explanation of section 115TCA) 35
Section 194LC: Payment of interest by an Indian Company or a business trust in respect of money borrowed in foreign currency under a loan agreement or by way of issue of long-term bonds (including long-term infrastructure bond) 5 or 4* or 9**

* In case where interest is payable in respect of Long-term Bond or Rupee Denominated Bond listed on recognised stock exchange located in IFSC

** Where money borrowed from a source outside India by issuing a long-term bond or rupee-denominated bond on or after 01-04-2023, which is listed only on a recognised stock exchange located in an IFSC;

Section 194LD: Payment of interest on rupee denominated bond of an Indian Company or Government securities to a Foreign Institutional Investor or a Qualified Foreign Investor 5
Section 195: Payment of any other sum
a) Income by way of long-term capital gains referred to in sub-clause (iii) of clause (c) of sub-Section (1) of Section 112, in respect of transfer which takes place: 10
12.5
b) Income by way of long-term capital gains as referred to in Section 112A exceeding Rs. 1,25,000 12.5
c) Income by way of short-term capital gains referred to in Section 111A 20
d) Any other income by way of long-term capital gains [not being long-term capital gains referred to in sections 10(33), 10(36) and 112A] 12.5
e) Income by way of dividend from a unit in International Financial Services Centre 10
f) Income by way of dividend [Other than (d)] 20
g) Income by way of interest payable by Government or an Indian concern on moneys borrowed or debt incurred by Government or the Indian concern in foreign currency (not being income by way of interest referred to in Section 194LB or Section 194LC) 20
h) Income by way of royalty payable by Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern after the 31st day of March, 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 sub-section (1A) of Section 115A of the Income-tax Act, to the Indian concern, or in respect of any computer software referred to in the second proviso to sub-section (1A) of Section 115A of the Income-tax Act, to a person resident in India 20
i) Income by way of royalty [not being royalty of the nature referred to in point f) above] payable by Government or an Indian concern in pursuance of an agreement made by it 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 a matter included in the industrial policy, for the time being in force, of the Government of India, the agreement is in accordance with that policy—
A. where the agreement is made after the 31st day of March, 1961 but before the 1st day of April, 1976 50
B. where the agreement is made after the 31st day of March, 1976 20
j) Income by way of fees for technical services payable by Government or an Indian concern in pursuance of an agreement made by it 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 a matter included in the industrial policy, for the time being in force, of the Government of India, the agreement is in accordance with that policy—
A. where the agreement is made after the 29th day of February, 1964 but before the 1st day of April, 1976 50
B. where the agreement is made after the 31st day of March, 1976 20
k) Any other income 35
Section 196A: Income in respect of units of non-resident 20
Section 196B: Income from units referred to in section 115AB(1)(i) 10
Section 196B: Long-term capital gain on transfer of units referred to in section 115AB 12.5
Section 196C: Income by way of interest or dividends in respect of bonds or GDR referred to in section 115AC 10
Section 196C: Long-term capital gain arising from transfer of bonds or GDR referred to in section 115AC 12.5
Section 196D(1): Income of foreign Institutional Investors from securities (not being dividend or capital gain arising from such securities) 20
Note: Tax shall be deducted at the rate provided under DTAA if same is lower than the existing TDS rate of 20%.
Section 196D(1A): Income in respect of securities referred to in section 115AD(1)(a) payable to specified fund [referred to in clause (c) of Explanation to section 10(4D)] 10
Note: Since recipient of income is a specified fund, surcharge & health and education cess shall be nil.

* The rate of TDS shall be increased by applicable surcharge and Health & Education cess.

Q.3 Is there any minimum amount upto which tax is not deducted?

Ans. The Income-tax Act has prescribed a different threshold limit for deduction of tax at source under various sections. If the expenditure incurred/payment made during the year is below the threshold limit, then there is no requirement to deduct tax at source.

The threshold limit for deduction of tax at source under various sections is as follows:

S.No. Particulars Section Threshold limit
1. No deduction of tax at source from salaries 192 If net taxable income is less than the maximum amount which is not chargeable to tax (i.e. Rs. 2,50,000 for an individual other than senior citizen, Rs. 3,00,000 for Senior Citizens and Rs. 5,00,000 for Super Senior Citizens)
1A. No TDS from payment of accumulated balance of provident fund account due to an employee 192A If taxable premature withdrawal amount is less than Rs. 50,000.
2. No TDS from interest paid on debentures issued by a company in which public are substantially interested. Provided interest is paid by account payee cheque to resident individual or HUF 193 If amount of interest paid during the financial year does not exceed Rs. 5,000
3. No TDS from interest paid on 8% Saving (Taxable) Bonds 2003 or 7.75% Savings (Taxable) Bonds, 2018 to resident persons or Interest payable on Floating Rate Savings Bonds, 2020 (Taxable); 193 If amount of interest  paid or likely to be paid during the financial year does not exceed Rs. 10,000
3A. No TDS from interest on 6.5% Gold bonds, 1977 or 7% Gold bonds, 1980 paid to resident individual 193

 

If bonds held by other than non-resident individual (or behalf of any other person) and makes declaration to the payer that the nominal value of such bonds does not exceed Rs. 10,000 at any time during the period to which interest relates.
4. No TDS from dividend paid by Indian company by an account payee cheque to individual 194 If aggregate amount of dividend paid or credited during the financial year does not exceed Rs. 5000.
5. No TDS from interest other than on securities paid by a banking company or co-operative society engaged in carrying on the business of banking 194A If amount of interest paid or credited on time deposit during the financial year exceeds Rs 10,000 (*) (for all type of payee)/Rs 50,000 (from 01/04/2018 if payee is resident senior citizen)
(*) w.e.f. 01/04/2019, the threshold limit is increased from Rs. 10,000 to Rs. 40,000.
6. No TDS from interest on any deposit with a post office under Senior Citizens Saving Scheme Rules, 2004( Notified scheme) 194A If amount of interest  paid or credited on time deposit during the financial year exceeds Rs 10,000 (*) (for all type of payee)/Rs 50,000 (from 01/04/2018 if payee is resident senior citizen)
(*) w.e.f. 01/04/2019, the threshold limit is increased from Rs. 10,000 to Rs. 40,000.
7. No TDS from interest other than on securities if payer is any other person other than post office or banking company or co-operative society engaged on the banking. 194A If amount of interest paid or credited on time deposit during the financial year exceeds Rs 5,000.
8. No TDS from Lottery / Cross Word Puzzles /Card game/gambling/betting of any form or nature 194B If amount paid during the financial year does not exceed Rs. 10,000.
9. No TDS from winnings from horse races 194BB If amount paid during the financial year does not exceed Rs. 10,000.
10. No TDS to contractor to resident person 194C a) If sum paid/credited to a contractor in a single payment does not exceed Rs. 30,000

b) If sum paid/credited  to contractor in aggregate does not exceed Rs. 1,00,000 during the financial year (Rs. 1,00,000 w.e.f. 01/06/2016)

11. No TDS from insurance commission paid or payable during the financial year to resident person 194D If amount paid or credited  during the financial year does not exceed Rs. 15,000
12 No TDS from sum payable under a life insurance policy (including bonus) to a resident person 194DA If amount paid or payable during the financial year is less than Rs. 1 lakh.
13. No TDS from payments made out of deposits under NSS 194EE If amount of payment or aggregate amount of payments in financial year is less than Rs. 2,500. In case of payment is received by legal heirs no tax shall be deducted.
14. No TDS from commission paid on sale of lottery tickets 194G If amount of income  the financial year does not exceed Rs. 15,000
15. No TDS from payment of commission or brokerage 194H If amount paid or credited during the financial year does not exceed Rs. 5,000 (Rs. 15,000 w.e.f. 01/06/2016). Further no tax to be deducted from commission payable by BSNL/ MTNL to their Public call office franchisees.
16. No TDS on payment of rent in respect of any land or building, furniture or fittings or plant and machinery to a resident person 194-I If amount paid or credited during the financial year does not exceed Rs. 1,80,000 (Rs. 2,40,000 w.e.f. 01/04/2019).

No tax deductions shall be made under this section if rent is paid to a business trust, being a real estate investment trust, in respect of any real estate asset, referred to in 10(23FCA), owned directly by such business trust.

17. No TDS on payment of consideration for purchase of an immovable property(other than agriculture land) to a resident transferor 194-IA If consideration paid or payable or stamp duty value (whichever is higher) for transfer of an immovable property is less than Rs. 50 Lakhs.
17A. No TDS on payment of rent of any land or building or both by an individual/HUF [whose books of account are not required to be audited under section 44AB to resident person. 194-IB If amount of rent does not exceed Rs. 50,000 for a month or part of a month.
18. No TDS on payment of fee for professional services, fee for technical services, royalty, any sum referred to in section 28(va) to a resident person 194J If amount paid or credited  during the financial year does not exceed Rs. 30,000

.

19. No TDS from income in respect of units payable to resident 194K If the amount of income paid or payable exceeds Rs. 5,000 during the financial year

.

20. No TDS on payment of compensation/enhanced compensation  on compulsory acquisition of immovable property (other than Agricultural Land) to a resident person 194LA If such sum amount does not exceed Rs. 2,50,000  during a financial year.
21. No TDS is required to be deducted on sum payable to a person with respect to contractual work, commission, brokerage or for professional services 194M If the aggregate amount paid or credited during the financial year does not exceed Rs. 50 lakhs
22. No TDS is required to be deducted on the amount withdrawn in cash from any account 194N If the aggregate amount withdrawn does not exceed Rs. 1 crore during the previous year.
Note:
(a) The threshold limit shall be Rs. 20 lakh if the person, has not filed return of income (ITR) for three previous years immediately preceding the previous year in which cash is withdrawn, and the due date for filing ITR under 139(1) has expired.
(b) The threshold limit of Rs. 1 crore is increased to Rs. 3 crores for the deduction of tax under Section 194N from the withdrawal of cash made by co-operative society.
23. No TDS from payment to participants of e-commerce 194-O If amount paid or payable Resident Individual or HUF during the financial year does not exceed Rs. 5 Lakhs
24. No TDS on sum paid to seller for purchase of goods 194Q If sum paid to seller for purchase of goods doesn’t exceeds Rs. 50 lakh
25. No TDS in case any benefit or perquisite is provided to a resident 194R If aggregate value of benefit/perquisite provided during the Financial Year doesn’t exceed Rs. 20,000
26. No TDS from payment on transfer of Virtual Digital Asset 194S No tax shall be deducted under this provision in the following circumstance:

– If the consideration is payable by any person (other than a specified person) and its aggregate value does not exceed Rs. 10,000 during the financial year.

– If the consideration is payable by a specified person and its aggregate value does not exceed Rs. 50,000 during the financial year.

Specified person means:

(a) An individual or a HUF, whose total sales, gross receipts or turnover does not exceed Rs. 1 crore in case of business or Rs. 50 lakhs in case of a profession, during the financial year immediately preceding the financial year in which virtual digital asset is transferred;

(b) An individual or a HUF who does not have any income under the head profits and gains of business or profession.

27. No TDS on payment of salary, remuneration, interest, bonus or commission by partnership firm to partners 194T If the sum or the aggregate of sums credited or paid or likely to be credited or paid to the firm’s partner does not exceed Rs. 20,000 during the financial year.

Q.4 Can the payee request the payer not to deduct tax at source and to pay the amount without deduction of tax at source?

Ans. ​​​​​​​​A payee can approach to the payer for non-deduction of tax at source but for that they have to furnish a declaration in Form No. 15G/15H, as the case may be, to the payer to the effect that the tax on his estimated total income of the previous year after including the income on which tax is to be deducted will be nil.

Form No. 15G is for the individual or a person (other than company or firm) and Form No. 15H is for the senior citizens.

Q.5 What are the consequences a deductor would face if he fails to deduct TDS or after deducting the same fails to deposit it to the Government’s account?

​​​​A deductor would face the following consequences if he fails to deduct TDS or after deducting the same fails to deposit

it to the credit of Central Government’s account:-

a) Disallowance of expenditure

As per section 40(a)(i) of the Income-tax Act, any sum (other than salary) payable outside India or to a non-resident, which is chargeable to tax in India in the hands of the recipient, shall not be allowed to be deducted if it is paid without deduction of tax at source or if tax is deducted but is not deposited with the Central Government till the due date of filing of return.

However, if tax is deducted or deposited in subsequent year, as the case may be, the expenditure shall be allowed as deduction in that year.

Similarly, as per section 40(a)(ia), any sum payable to a resident, which is subject to deduction of tax at source, would attract 30% disallowance if it is paid without deduction of tax at source or if tax is deducted but is not deposited with the Central Government till the due date of filing of return.

However, where in respect of any such sum, tax is deducted or deposited in subsequent year, as the case may be, the expenditure so disallowed shall be allowed as deduction in that year.

As per Section 58(1A) (as amended with effect from the assessment year 2018-19), the provisions of section 40(a)(ia) and 40(a)(iia) shall also apply in computing the income chargeable under the head “Income from other sources”.

b) Levy of interest

As per section 201 of the Income-tax Act, if a deductor fails to deduct tax at source or after the deducting the same fails to deposit it to the Government’s account then he shall be deemed to be an assessee-in-default and liable to pay simple interest as follows:-

(i) at one per cent for every month or part of a month on the amount of such tax from the date on which such tax was deductible to the date on which such tax is deducted; and

(ii) at one and one-half per cent for every month or part of a month on the amount of such tax from the date on which such tax was deducted to the date on which such tax is actually paid.​

c) Levy of Penalty

Penalty of an amount equal to tax not deducted or paid could be imposed under section 271C​.

Q.6 Under what circumstances a deductor would not be deemed as an assessee-in-default even after he fails to deduct TDS or after deducting the same fails to deposit it to the Government’s account?

Ans. ​​​​​​A deductor who fails to deduct the whole or any part of the tax on the sum paid to a resident or on the sum credited to the account of a resident shall not be deemed to be an assessee-in-default in respect of such tax if such resident—

(i) has furnished his return of income under section 139​;

(ii) has taken into account such sum for computing income in such return of income; and

(iii) has paid the tax due on the income declared by him in such return of income,

and the deductor furnishes a certificate to this effect in Form No.26A from a chartered accountant.

​However, w.e.f. 01-09-2019, sum paid to non-resident will be covered by above provisions.
In such a case, the payee can claim the refund of entire/excess amount of TDS (as the case may be) by filing the return of income.

Q.7 However, w.e.f. 01-09-2019, sum paid to non-resident will be covered by above provisions.

Ans. ​​In such a case, the payee can claim the refund of entire/excess amount of TDS (as the case may be) by filing the return of income.​​

Q.8 If the payer does not deduct tax at source, will the payee face any adverse consequences by means of action taken by the Income-tax Department?

Ans. ​It is the duty and responsibility of the payer to deduct tax at source. If the payer fails to deduct tax at source, then the payee will not have to face any adverse consequences. However, in such a case, the payee will have to discharge his tax liability. Thus, failure of the payer to deduct tax at source will not relieve the payee from payment of tax on his income. ​

Q.9 What are the duties of the person deducting tax at source?

Ans. ​Following are the basic duties of the person who is liable to deduct tax at source.

  • He shall obtain Tax Deduction Account Number and quote the same in all the documents pertaining to TDS.
  • He shall deduct the tax at source at the applicable rate.
  • He shall pay the tax deducted by him at source to the credit of the Government (by the due date specified in this regard*).
  • He shall file the periodic TDS statements, i.e., TDS return (by the due date specified in this regard*).
  • He shall issue the TDS certificate to the payee in respect of tax deducted by him (by the due date specified in this regard*).

*Refer tax calendar for the due dates.

Q.10 How can I know the quantum of tax deducted from my income by the payer?

Ans. To know the quantum of the tax deducted by the payer, you can ask the payer to furnish you a TDS certificate in respect of tax deducted by him. You can also check Form 26AS​ from your e-filing account at https://www.incometax.gov.in/iec/foportal

You can also use the “View Your Tax Credit” facility available at www.incometaxindia.gov.in

Q.11 At what rate the payer will deduct tax if a taxpayer doesn’t furnish return of income?

Ans. ​​​As per section 206AB, the tax shall be deductible at the higher rates prescribed under this provision if the following conditions are satisfied:

(a) Deductee has not filed the return of income for assessment years relevant to the previous year immediately prior to the previous year in which tax is required to be deducted;

(b) The due date to file such return of income, as prescribed under section 139(1), has expired; and

(c) The aggregate amount of tax deducted and collected at source is Rs. 50,000 or more in said previous years.

Tax is required to be deducted at higher rates in respect of every sum or income or amount from which tax is deductible under any provision of Chapter XVII-B except the sum or income or amount on which tax is deductible under any of the following provisions:

However, a non-resident person who does not have permanent establishment in India or a person who is not required to furnish return of income and is notified by the Central Government shall be out of the scope of deductee for the purpose of section 206AB.

Q.12 At what rate the payer will deduct tax if I do not furnish my Permanent Account Number to him?

Ans. ​​​​As per section 206AA​, if you do not furnish your Permanent Account Number to the payer (i.e., deductor), then the deductor shall deduct tax at the higher of the following rates :

  • At the rate specified in the relevant provision of the Act.
  • At the rate or rates in force, i.e., the rate prescribed in the Finance Act.
  • At the rate of 20%.​

However, the provisions of section 206AA shall not apply in the following cases:-

In respect of payment of interest on long-term bonds to a non-resident under section 194LC.

1. Where deductee being a non-resident or a foreign company, shall in respect of payments in the nature of interest, royalty, fees for technical services and payments on transfer of any capital asset, furnish the following details and documents to the deductor, namely:—

ii. name, e-mail id, contact number;

iii. address in the country or specified territory outside India of which the deductee is a resident;

​iv. a certificate of his being resident in any country or specified territory outside India from the Government of that country or specified territory if the law of that country or specified territory provides for issuance of such certificate;

v. Tax Identification Number of the deductee in the country or specified territory of his residence and in case no such number is available, then a unique number on the basis of which the deductee is identified by the Government of that country or the specified territory of which he claims to be a resident. ​

Q.13 What to do if the TDS credit is not reflected in Form 26AS?

Ans. ​​​Non-reflection of TDS credit in Form 26AS can be due to several reasons like non-filing of TDS statement by the payer, quoting incorrect PAN of the deductee in the TDS statement filed by the payer. Thus, in case of non-reflection of TDS credit in Form 26AS, the payee has to contact the payer for ascertaining the correct reasons for non-reflection of the TDS credit in Form 26AS.​

Q.14 However, the provisions of section 206AA shall not apply in the following cases:-

Ans. 1. In respect of payment of interest on long-term bonds to a non-resident under section 194LC.

2. Where deductee being a non-resident or a foreign company, shall in respect of payments in the nature of interest, royalty, fees for technical services and payments on transfer of any capital asset, furnish the following details and documents to the deductor, namely:—

i. name, e-mail id, contact number;

ii. address in the country or specified territory outside India of which the deductee is a resident;

iii. a certificate of his being resident in any country or specified territory outside India from the Government of that country or specified territory if the law of that country or specified territory provides for issuance of such certificate;

iv. Tax Identification Number of the deductee in the country or specified territory of his residence and in case no such number is available, then a unique number on the basis of which the deductee is identified by the Government of that country or the specified territory of which he claims to be a resident.

Q.15 I do not have PAN. Can I furnish Form 15G/15H for non-deduction of TDS from interest?

Ans. ​As per section 206AA​​, a declaration in Form No. 15G or Form No. 15H is not a valid declaration, if it does not contain PAN of the person making the declaration. If the declaration is without the PAN, then tax is to be deducted at higher of following rates :

  • At the rate specified in the re​levant provision of the Act.
  • At the rate or rates in force, i.e., the rate prescribed in the Finance Act.
  • At the rate of 20%.​

Q.16 Would I face any adverse consequences if instead of depositing TDS in the government’s account I use it for my personal needs?

Ans. ​Yes, failure to remit tax deducted by you in the government’s account within stipulated time-limit would attract interest, penalty and simple imprisonment of upto 2 years.

Q.16 I have not received TDS certificate from the deductor. Can I claim TDS in my return of income?

Ans. ​​​Yes, the tax credit in your case will be reflected in your Form 26AS and, hence, you can check Form 26AS and claim the credit of the tax accordingly. However, the claim of TDS to be made in your return of income should be strictly as per the TDS credit being reflected in Form 26AS. If there is any discrepancy in the tax actually deducted and the tax credit being reflected in Form 26AS then you should intimate the same to the deductor and should reconcile the difference. The credit granted by the Income-tax Department will be as per Form 26AS. ​

Q.17 If I buy any land/building then is there any requirement to deduct tax from the sale proceeds to be paid by me to the seller?

Ans. ​​Yes, Finance Act, 2013 has introduced section 194-IA which provides for deduction of tax at source in case of payment of sale consideration of immovable property (other than rural agricultural land) to a resident. S​ection 194-IA is not applicable if the seller is a non-resident. Tax is to be deducted @ 1%. No tax is to be deducted if the sale consideration or stamp duty value (whichever is higher) is below Rs. 50,00,000. If any of these exceeds Rs. 50,00,000, then tax is to be deducted on the entire amount and not only on the amount exceeding Rs. 50,00,000.

If the seller is a non-resident then tax is be deducted under section 195 and not under section 194-IA. Thus, in case of purchase of property from non-resident TDS provisions of section 195​ will apply and not of section 194-IA

Q.18 What is the difference between PAN and TAN?

Ans. ​​​​P​AN stands for Permanent Account Number and TAN stands for Tax Deduction Account Number. TAN is to be obtained by the person responsible to deduct tax, i.e., the deductor. In all the documents relating to TDS and all the correspondence with the Income-tax Department relating to TDS one has to quote his TAN.

PAN cannot be used for TAN, hence, the deductor has to obtain TAN, even if he holds PAN.

However, in case of TDS on purchase of land and building (as per section 194-​IA) as discussed in previous FAQ, the deductor is not required to obtain TAN and can use PAN for remitting the TDS.​

Further in case of TDS on rent (as per section 194-​IB) TDS on payment of certain sums by Individuals of HUFs (as per section 194M), and TDS on payment made for transfer of virtual digital asset by specified person (as per section 194S), the deductor can use PAN instead of TAN for remitting TDS​

Q.19 What is the amount of TDS if property belongs to NRI?

Ans. ​​​​​Yes, u/s 195. In case you have any doubt regarding the amount on which TDS is to be made, you may file an application with the officer handling non-resident taxation who will pass an order determining the TDS to be made. Alternatively, if the recipient feels that the TDS is more he may file an application with his Assessing Officer for non-deduction.​

Q.20 Whether limit of Rs. 50,000 per month under section 194-IB is applicable to each of the co-owners separately in case rent is paid individually to co-owners?

Ans. ​​​​​As per the section 194IB, an individual or HUF whose books of account are not liable for audit u/s 44AB, paying rent to a resident exceeding Rs. 50,000 per month or part of the month for land or building, liable to deduct tax @ 5% at the time of credit of rent, for the last month of the previous year or last month of the tenancy in case property is vacated during the year, as the case may be, to the account of the payee or at the time of payment thereof in cash or by cheque or draft or any other mode, whichever is earlier.

Therefore, limit of Rs. 50,000 is applicable for each co-owner separately, if rent is paid to co-owners of the property.

For Example: Mr. A is making payment of rent of Rs. 1,00,000 per month to Mr. B &Mr. C who are co-owners of the property, where in rent paid to Mr. B is Rs. 70,000 and to Mr. C is Rs. 30,000 ; A is liable to deduct tax @ 5% under section 194IB on rent paid to Mr. B as the amount of rent paid exceeds Rs. 50,000 and is not required to deduct tax on rent paid to Mr. C as the amount of rent paid does not exceed Rs. 50,000.

Q.21 Who is required to file Form 15CA ?

Ans. ​​​​​​As per Rule 37BB, any person responsible for paying to a non-resident, not being a company, or to a foreign company, any sum chargeable to tax under the provisions of Income tax Act, 1961, shall furnish such information in Form 15CA and Form 15CB​:

  • In case the payment or the aggregate of such payments made during the financial year does not exceed Rs. 5 lakh rupees, such information is to be furnished in Part A of Form No.15CA.
  • In case the payment exceeds Rs. 5 lakh such information is required to be furnished in Part B of Form No. 15CA after obtaining a certificate from the Assessing Officer under section 197; or an order from the Assessing Officer under sub-section (2) or sub-section (3) of section 195.
  • In case the payment exceeds Rs. 5 lakh such information is required to be furnished in Part C of Form 15CA after obtaining certificate in Form No.​15CB from an accountant as defined in the Explanation to sub-section (2) of sectio​n 288.
  • In case the payment other than the payment referred in sub-rule (3) of Rule 37BB which is not chargeable to tax under the provisions of Income tax Act,1961, such information is required to be furnished in Part D of Form No. 15CA.

Q.22 When Form 15CA is not required to be furnished?

Ans. ​​​​​​In accordance with sub-rule (3) of Rule 37BB, Form 15CA and Form 15CB are not required to be furnished in case of following transactions:

  • Remittance is made by an individual and it does not require prior approval of the Reserve Bank of India as per the provisions of section 5 of the Foreign Exchange Management Act, 1999 (42 of 1999), read with Schedule III to the Foreign Exchange (Current Account Transaction) Rules, 2000; or
  • Remittance is of the nature specified as follows:
Sl. No. Purpose code as per RBI Nature of payment
1 S0001 Indian investment abroad – in equity capital (shares)
2 S0002 Indian investment abroad – in debt securities
3 S0003 Indian investment abroad – in branches and wholly owned subsidiaries
4 S0004 Indian investment abroad – in subsidiaries and associates
5 S0005 Indian investment abroad – in real estate
6 S0011 Loans extended to Non-Residents
7 S0101 Advance payment against imports
8 S0102 Payment towards imports – settlement of invoice
9 S0103 Imports by diplomatic missions
10 S0104 Intermediary trade
11 S0190 Imports below Rs.5,00,000 – (For use by ECD offices)
12 SO202 Payment for operating expenses of Indian shipping companies operating abroad
13 SO208 Operating expenses of Indian Airlines companies operating abroad
14 S0212 Booking of passages abroad – Airlines companies
15 S0301 Remittance towards business travel
16 S0302 Travel under basic travel quota (BTQ)
17 S0303 Travel for pilgrimage
18 S0304 Travel for medical treatment
19 S0305 Travel for education (including fees, hostel expenses, etc.)
20 S0401 Postal services
21 S0501 Construction of projects abroad by Indian companies including import of goods at project site
22 S0602 Freight insurance – relating to import and export of goods
23 S1011 Payments for maintenance of offices abroad
24 S1201 Maintenance of Indian embassies abroad
25 S1202 Remittances by foreign embassies in India
26 S1301 Remittance by non-residents towards family maintenance and savings
27 S1302 Remittance towards personal gifts and donations
28 S1303 Remittance towards donations to religious and charitable institutions abroad
29 S1304 Remittance towards grants and donations to other Governments and charitable institutions established by the Governments
30 S1305 Contributions or donations by the Government to international institutions
31 S1306 Remittance towards payment or refund of taxes
32 S1501 Refunds or rebates or reduction in invoice value on account of exports
33 S1503 Payments by residents for international bidding.

Q.23 Whether TCS can be collected on amount inclusive of GST?

Ans. ​​​As per section 206C (1)​ every person, being a seller shall, at the time of debiting of the amount payable by the buyer to the account of the buyer or at the time of receipt of such amount from the said buyer in cash or by the issue of a cheque or draft or by any other mode, whichever is earlier, collect from the buyer. Hence, amount debited to the account of buyer or payment shall be received by seller inclusive of VAT/ excise/GST. TCS to be collected on inclusive of GST.

Q.24 How much TDS will be deducted in case of payment of Remuneration to company’s director?

Ans. Sec 194J levies TDS on technical and professional services. As per the provisions of the Companies Act, director of the company is also a manager and thus, a technical personnel. As per Section 194J(1)(ba), any payment made to director in the nature of sitting fees, remuneration or any other sum other than those on which tax deductible under section 192 is to be considered for deduction of tax at source @ 10% under secti​on 194J. Further, there is no threshold limit for deduction of tax at source.

Q.25 What is the procedure of filing Form 15CA?

Ans. Form 15CA shall be furnished electronically online. Procedure for filing of Form 15CA at e-filing portal is given below-

Step 1 – Log on to ” E-filing ‘ portal at https://www.incometax.gov.in/iec/foportal by assessee by using his credentials

Step 2 – Go to the ” E-file” menu located at the upper side of the page, select “Income Tax Forms” and click on “File Income Tax Forms”.

Step 3 – Search Form 15CA under “Persons not dependent on any Source of Income (Source of Income not relevant)” and select Form 15CA.

Step 4 – Select “Submission Mode” and “Financial Year” and continue.

Step 5 – Fill Form 15CA of selected part and click on “submit” button.

Step 6– Fill up the verification part of relevant part of Form 15CA.

Note– It is mandatory to upload Form 15CB prior to filling Part C of Form 15CA. To  fill up the details in Part C of Form 15CA, the acknowledgment number of e-Filed Form 15CB will be required.

If Form is submitted successfully, a message “successfully submitted” will appear on screen and a confirmation e-mail will be sent to the registered email account.

Q.26 What is the procedure of filing Form 15CB?

Ans. To file Form 15CB, taxpayer is required to Add CA in his account. CA can be added by using the following steps:

  • Firstly Login to e-Filing Portal, click on “Authorised Partners”tab and select “My Chartered Accountant (CA)” option.
  • Click on “+Add CA” and enter “membership number”.

Once CA has been added by the taxpayer, afterwards CA can file Form 15CB in behalf of the taxpayer.

However, the C.A. must be registered as C.A. on his e-filing portal. Process for Registration as Chartered Accountant is as follows:

  • User can registered as “Chartered Accountant” in the e-filing portal. If not already registered, user is required to click on “Register Yourself” in the homepage.
  • Select “Chartered Accountants” from “Tax Professional” and click on “Continue“.
  • Enter the mandatory details and complete the registration process.

Q.27 Whether TDS required to be deducted on payment made to Government?

Ans. ​​​​​​No tax required to be deducted by any person from any sum payable to-

1. the Government, or

2. the Reserve Bank of India, or

3. a corporation established by or under a Central Act which is, under any law for the time being in force, exempt from income-tax on its income, or

4. a Mutual Fund specified under clause (23D) of section 10,

where such sum is payable to it by way of interest or dividend in respect of any securities or shares owned by it or in which it has full beneficial interest, or any other income accruing or arising to it.

(Republished with Amendment, Source -Income Tax Website)

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206 Comments
  1. I am proprietor of company.I am resident on rent and I am paid rent Rs 50000/- per month. I want to know on this rent Tds is applicable or not ?

  2. I am a business consultant to a group of Companies numbering six. Group had undertaken supply of foodgrains and other items to Government Department through a nominated Govt. agency during the A.Y. 2009-10; 2010-11 and 2011-12 under tie-up arrangement on back to back basis. The Department treated Govt Agency as Contractor (though not supposed to be) and deducted TDS under 194-C and issued Form 16-A in lieu of that. The TDS amount, so deducted , was subtracted from our payments by the Agency. But the Govt Agency is not releasing the TDS amount even after 3 years, saying that its Income Assessment has not been completed and also few entries (less than Rs .10 lakhs) are to be converted from “P” to “F” in 26AS. Our plea to release the amount through various correspondences have gone to the deaf years of the Agency. The claim amount runs in few crores of rupees.
    My question is as to the reasons given by the Agency is justified ? How long the Agency can dilly-dally the matter and the limitations? Whether Our group is entitled to get the refund with interest? Please clarify.

  3. Sir,

    I was working with firm in year 2010-2012 and in FY 2010-2011 Employer deducted TDS of Rs. 2.47 L and never deposited to IT department. At the year end, Employer provided Form 16 in which it is stated that “Employer has deducted TDS but yet not deposited the same and Employer will deposit the same at earliest.” I have filed ITR with same understanding attaching that Form 16. Then after in 2012-13 I got notice from IT department of outstanding of Sum of Rs. 2.47 L. I replied to this note is very polite and positive manner confirming all possible details and also providing some reference court cases confirming that it is Employer’s responsibility to deposit TDS deducted. But IT department is possibly not accepting my humble request and they have sent me another notice asking for interest component as well. To which I have replied in formal commercial language with help of my C.A. and awaiting revert from IT Department. Now I request you to guide how to proceed with this case as explained above as IT department has started deducting /not paying my refund and adjusting the same against so claimed outstanding…..Your valuable inputs will be appreciated. Please let me understanding in case any additional details are sought from my end to facilitate your quick and valuable response.

  4. A Non Resident party issued an Invoice detailing Software Upgradation Charges to our Resident client. I want to know whether our client needs to deduct TDS of such Non Resident. If Yes then under which Section??

  5. Per Year (2013-14) Rs.104162 paid to Contract Basis person ok.How Much the TDS rate for TDS Deducted with Pan Card or Without pan card

  6. Smt. Rita Bedi,

    Madam,

    1. Deposit TDS now.
    2. Inform Circle TDS Officer voluntarily.
    3. Request him for condonation of delay.
    4. Mention the case law of – Jaslok Hospital & Research … vs Department Of Income Tax on 7 November, 2012 and Mls Eli Lilly & Co. (India)(P) Ltd., 312 ITR 225 (SC).
    5. Also, there is a case law (unable to recall)that says – Penalty can not be imposed on deductor for failing to deduct TDS, if the deductee has discharged his tax liabilities well.

    This is not an expert opinion.

    Anand Prakash Choudhary

  7. Sri Vashisth,

    Sir,

    TDS provisions are applicable on the basis that vendor account being credited or payment made whichever is earlier. It can also differ in case to case scenario.

    Anand Prakash Choudhary

  8. Sri Vashisth,

    Sir,

    TDS on service Tax portion of a bill is not to be made as per circular no. 01/2014 of CBDT. Also, do not get confused with the words agreement/contract mentioned in it. It is applicable to all bills/invoices.

    Anand Prakash Choudhary

  9. Sri Joginder Sud,

    Sir,

    For your information: the deductors are made liable for this. Once you file your ITR and if there is mismatch between the TDS claimed and TDS credit in your TRACES account, then the Assessing Officer (A.O.) will first issue a demand notice of the differential amount of TDS and interest. Then, you are supposed to present the TDS certificate to the AO clearing your position of TDS mismatch. The AO will then issue notice to the deductor (via respective TDS jurisdictional officer)for difference in the TDS certificate provided to you and TDS statement filed by them. The deductor will either explain the reasons or will file a correction statement. This solves the problem.

    Anand Prakash Choudhary

  10. Even I want to ask the same question that whether TDS is to be deducted on gross amount including service tax u/s 194J? Plz anyone?

  11. i receive a bill of contractor , there is a debit note to be issue to same party , should i deduct tds on bill amt or on the balance amt after deducting the debit note amt.

  12. sir,my known to person doing some business of transport and this year sale of Rs.19300000/- taken a loan from private financer and Banks (2013-2014) but he could not deducted the TDS on Intt.Paid to private Financer Rs.573000/-) ,could pay the TDS month of october 2014 ;or can impose the penalty /

  13. So much has been written on TDS problems faced by tax payers. No body has tackled the issue as to what can tax payer do if the deductor fails to file correction for TDS mismatch on form 26As.There is need to hold deductor responsible if he fails to correct the mismatch.

  14. working on contract basis in a autonomous body of central govt against a regular post at initial of pay scale plus grade pay plus d.a. admissible.my drawing and disbursing officer deducting income tax @ of 10% ignoring the basic exemptions i.e. 3,00,000 for senior citizen plus investment made under relevant sections upto a limit of 150000 and asked me to take refund of tax from income tax department. Isit correct on the part of my employer. kindly reply.

  15. Sri Manish Tanwar:

    Sir,
    You can not deduct Tax on purchase of office items like stationery etc. TDS is not required to be deducted on supply of goods. If the bill consist of any type of service charges, then TDS is required to be deducted on whole amount u/s 194C.

    Thanks,
    Anand Prakash Choudhary

  16. Sri G.K.Sharma:

    Sir,

    The TDS will be deducted from the payment to be made to the Bank if it exceeds Rs. 50,00,000/-. The irony is that, the Bank is not entitled to claim this TDS credit in the Annual Income Tax Return.

    Thanks,
    Anand Prakash Choudhary

  17. Sir, your answer to the FAQ – Whether any person is exempted from TDS deduction? Is there any such relaxation? If so what is the procedure that should be followed? seems not to be correct. The assessing Officer is required to issue a certificate for lower deduction of tax or nil deduction of tax u/s 197(1) only from ITD system (internal software of Income Tax Department) and not on the palin paper.

    Thanks,
    Anand Prakash Choudhary

  18. Dear sir
    your website is very useful and knowledgeworthy.I appreciate your efforts.
    There is a question for you.
    I am a university employee in the state of Bihar.Our PF have been beeng deposited
    in a commercial bank’s saving a/c.Why is it not deposited in EPF or GPF?
    The bank used to deduct tds on intrest generated from PF a/c?The int.which being
    cummulated.Paid only on books of the bank.
    We know till now that int.of the PF a/c is tax free.So can we claim for the refund of tds from PF a/c from the Income tax dept.

  19. in truck loan,

    i took a loan from tata finance, paid instolment regularly. but did not deduct the tds as per provison,
    pls give me a advice for relief if any judjement come pls inform

  20. Good write up, every tax payers should know about this TDS Mechanism .

    CA, Subhash Chandra Podder ,FCA
    Kolkata
    13/10/2014

  21. ONE OF CLIENT RAISE SERVIE BILL BUT PARTY NOT PAID MY BILL AMOUNT BUT ONLY REMITTED TO GIVE TDS, WHETHER I CAN CLAIM MY BILL AMOUNT BASED ON THIS TDS REMITTANCE

  22. My Question is this: Bank acquired a immovable property under SARFAESI Act and sold by e auction to some body. whether TDS liability is there if yes who will pay and how much.

  23. I want to know about interest on borrowing capital for housing, whether company can give deduction of interest on housing loan, which is let out from salary.

    Please clarify the same immediately

  24. Money credited in the account or in the name of 1st account holder any credit in the account is treated as 1st name holder. after that second holder makes deposit in her/his name alone, is there any violation of IT rules ?

  25. Declaration given by individual for submitting 15G require presence for verification or if he is NRI or living abroad.

  26. Dear Sir,
    Please let me know regarding TDS deduction, if 1 party raised 3 bills to us and one of that bill is Rs.40000/- second Rs.6000/- & third one is Rs.4000/- Total billing Rs.50000/- as per tds rule if single bill is over Rs.30000/- you will deduct tds Now in this situation i will deduct TDS of single bill which more than Rs.30000/- or three bills ?
    Thanks & Regards

  27. Dear Sir
    What if the builder is charging the maintenance charges to the unit holder for reimbursement as the builder has to pay
    the same to the agency who looks after housekeeping, security, Lift, & other facilities.
    1.Whether TDS to be deducted by the unit holder while reimbursing to the builder?
    2.Whether Service tax is applicable when reimbursement is made to the builder for maintenance charges?
    Please quote the section no.
    Thanks

  28. Bank has deducted and deposited excess tax to the income tax department in financial year 2010-11 fourth quarter (31st March 2011) , can deductor claim for refund before the income tax department

    Arun kumar Sinha

  29. We have need to pay 200000/- to government towards stall booking in abrod business fare. TDS is applicable or not ?

  30. Dear sir,

    we have to pay a private limited co as a ware house storage charges rs. 70000/- pm. and Repair and maintenancee charges including ground rent maintenance charges Rs. 30000/- p.m. My question is specially Repair and maintance charges including ground rent maintaince charges Rs. 30000/ is tds applicable if yes what Rate and other one ware house storage charges rs. 70000/- pm what rate od tds is applicable

    Thanku for your anticipation

    Urgent
    R.s.choudhary

  31. Dear Sir,

    I am working with pharma company, whether we have to pay excise duty on RM samples , which is for Quality control samples , for example 100 kgs received 10gm using for testing.

    Kindly guid us.

    With Regards,

    E.Ramesh

  32. in provisional cases tds paid on 4th may 2011 so what is the interest n how many month in shd be paid (ap n may or only may)

  33. in provisional cases tds paid on 4th may 2011 so what is the interest rate & for hw many month int will be paid (april n may or only may)

  34. Hii

    I am drawing Rs. 10000/- per month. Company is deduction Rs. 1000/- as TDS. Though I am not eligible to pay TDS as per my salary slab, one of my colleague suggested that this amount can be reimbursed from Income Tax. So please help how to get reimburse this amount.

    Regards
    Chaithra

  35. I want clarification regarding TDS on interest income. Interest income upto 10000 is exempt from tax, but if interest income is (say) 11000 then 10% TDS will be deducted from (11000-10000=1000) or from entire 11000?

  36. TDS on the amount you are paying; say the amount you have to pay by cheque but subject to deduction of TDS, so you are duducting the TDS and paying the net amount/balance amount. For the TDS deducted you are the Treasurer and bound to remit the amount to the I.Tax Authorities and issue the Tax Deduction Certificate to the Payee.

    This is just a Source of Deduction from payment, and the payee will get the credit for the Income Tax Deducted at Source while computing his income for Income Tax purposes.

  37. Am i suppose to deduct TDS on Invoive Amount of A Profeesional Service Provider’s Bill including Services Tax…?

    Confused with Circular no 4 dated 28-04-2008 and Provisions under Section 194-I and 194-J.

  38. Hello Sir,

    My wife would like to start investment in stock market. Initial Money will be borrowed on interest [from

    local private money lender].

    I want to know how tax will be calculated on profit of Stock Trading.

    Can she adjust the interest charges of borrowed money with share profit.

    Is it required that she has to maintain any document on Borrowed money Interest.

    if income does not cross 1.6 L/A then Income tax Return filling is required.

    It would be better if you provide an illustation on this.

    Thanks a lot in advance
    Harish

  39. Would like to get clarification on section 54 F
    My client has sold long term capital asset. He is going to invest consideration in residential house and avail 54F.
    But, new house will be jointly in name of him and his brother.
    Shares will be separately mentioned in sale deed.
    Consideration will be paid by them separately as per their share.
    Whether he can get benefit of 54F?

  40. i want to know about the travell deduction details. i travell from my home to office and vice-versa and spend nearly 500/- per month. will you please tell me, how i take deduction benefit in above said condition.

    thank you

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