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TDS Rate for financial Year 2010-11/ Assessment year 2011-12 and Amendment made by union budget 2010

Increase in thresholds limit of deduction of tax from various payments

This bill proposes to increase various thresholds limit for deduction of tax from various payments like Winning from Lottery or Crossword Puzzle, Winning from Horse Race, Payment to Contractors, Insurance Commission, Commission or brokerage, Rent, Fees for Professional and Technical Services. The proposed amendments w.e.f 1st July, 2009 made under the new provision are summarized as under:

(Amounts in Rs.)

Section Nature of Payment Existing Proposed
194B Winning from Lottery or Cross word puzzle 5,000 10,000
194BB Winning from Horse Race 2,500 5,000
194C Payment to Contractors [per Transaction] 20,000 30,000
194C Payment to Contractors [Annual Limit] 50,000 75,000
194D Insurance Commission 5,000 20,000
194H Commission or Brokerage 2,500 5,000
194I Rent 1,20,000 1,80,000
194J Fees for Professional and Technical Services 20,000 30,000

Consequences of failure to deduct tax, or after deducting failure to pay tax deducted/tax collected at source u/s. 201(1A)

Under the existing provision of section 201(1A) of the Act, where the person does not deduct the tax or after deducting fails to pay the tax, he is required to pay simple interest at the rate of 1% for every month or part of the month. Amendments are proposed to treat the cases of failure to make payment, after deducting the tax at source more severally then the cases of pure failure. The proposed amendment to this section w.e.f. 1st July, 2010 has increased the rate of interest in cases of failure of payment after deduction to 1 1/2% for every month or part of the month till the date on which such tax is actually paid. The rate of interest will remain same at one percent for the cases of actual default of deduction of tax itself.

Certificate for tax deducted or collected u/s. 203 and u/s. 206C

The tax department was proposing to grant the credit of tax at source under their Online Tax Accounting System (OLTAS), completely obviating the necessity to issue certificate of deduction of tax at source and furnishing the same with the tax returns. Accordingly, the Finance Act, 2005, section 203 and section 206C(5) were amended for abolishing the requirement for issuance of the TDS and TCS certificate.

Considering the practical difficulties being encountered, the earlier procedure of issuance of TDS/TCS certificate has been restored.

TDS RATE FOR THE ASSESSMENT YEAR 2011-2012 (in %)
(TDS rates with effect from 1st April 2010)

Section Natureof Payment Threshold
limitupto
30th June,
2010
(in Rs.)
Threshold
limit w.e.f.
1st July,
2010
(in Rs.)
Individual/
HUF/ BOI/
AOP
Firm Co-
operative
Society /
Local
Authority
Company
192 Salary As per slab As per slab Normal Rate
(incl. cess)
N.A. N.A. N.A.
193 Interest on Securities
(1) Interest on Debentures or Securities (Listed) 2500* 2500* 10.00 10.00 10.00 10.00
(2) Interest on 8% Savings (Taxable) Bonds, 2003 10000 10000 10.00 10.00 10.00 10.00
(3) Any Other Interest on Securities (Unlisted) 0 0 10.00 10.00 10.00 10.00
194 Dividend other than dividend covered by Section 115-O 2500* 2500* 10.00 10.00 10.00 10.00
194A Interest other than Interest on Securities (other than below) 5000 5000 10.00 10.00 10.00 10.00
Where the payer is
(1) Banking Company 10000 10000 10.00 10.00 10.00 10.00
(2) Co-operative Society engaged in banking business 10000 10000 10.00 10.00 10.00 10.00
(3) Post Office (deposit scheme framed by Central Government) 10000 10000 10.00 10.00 10.00 10.00
194B Winning from Lotteries 5000 10000 30.00 30.00 30.00 30.00
194BB Winnings from Horse Races 2500 5000 30.00 30.00 30.00 30.00
* in case of resident only
194C Payments to Contractors
(1) In case of Contract/ Sub-Contract/ Advertising 20000 (Note 1) 30000 1.00 2.00 2.00 2.00
(2) Contractor/ Sub-Contractor in Transport Business 20000 (Note 1) 30000 NIL( Note 2) NIL (Note 2) NIL(Note 2) NIL(Note 2)
194D Insurance Commission 5000 20000 10.00 10.00 10.00 10.00
194E Non-Resident sportsman/ sports association 0 0 10.00 10.00 10.00 NA
194EE Deposits under NSS to Resident/Non-Resident 2500 2500 20.00 20.00 20.00 NA
194F Repurchase of Units of Mutual Fund/UTI from Resident / Non-Resident 0 0 20.00 20.00 20.00 NA
194G Commission on Sale of lottery tickets to Resident / Non- Resident 1000 1000 10.00 10.00 10.00 10.00
194H Commission or Brokerage to Resident 2500 5000 10.00 10.00 10.00 10.00
194I Rent to Residents
(a) Rent for Machinery/ plant/equipment 120000 180000 2.00 2.00 2.00 2.00
(b) Rent for other than in (a) 120000 180000 10.00 10.00 10.00 10.00
Note:-1. This limit is for individual transaction. However, if aggregate payment to a contractor during the year exceed Rs. 50,000 (Rs. 75,000 w.e.f 1tst July, 2010), then tax will be required to be deducted, even where individual transaction is less than the threshold of Rs. 20,000 (Rs. 30,000 w.e.f. 1st July, 2010).2. The Nil rate will be applicable if the transporter quotes his PAN. If PAN is not quoted the rate will be 20%. (Transporter means persons engaged in plying, hiring and leasing of Goods Carriages)
194J Fees for professional / technical services to residents 20000 30000 10.00 10.00 10.00 10.00
194LA Compensation to Resident on acquisition of immovable property 100000 100000 10.00 10.00 10.00 10.0
195 Payment of other sums to a non-resident 0 Rate specified under Part II of First Schedule of Finance Bill, 2010 subject to provisions of DTAA
196B Income from units (including long term Capital Gain on transfer of such units) to an offshore fund 0 0 10.00 10.00 10.00 10.00
196C Income from foreign currency bonds or GDR of Indian Company 0 0 10.00 10.00 10.00 10.00
196D Income of FII from securities not being dividend, long term and short term capital gain 0 0 20.00 20.00 20.00 20.00

Note:

In order to strengthen the PAN mechanism, it is proposed to make amendments in the Income Tax Act to provide that any person whose receipts are subject to deduction of tax at source i.e., the deductee, shall mandatorily furnish his PAN to the deductor failing which the deductor shall deduct tax at source at higher of the following rates:

(i)     the rate prescribed in the Act;

(ii)   at the rate in force i.e., the rate mentioned in the Finance Act; or

(iii) at the rate of 20 percent

The above provisions will also apply in cases where the taxpayer files a declaration in form 15G or 15H (u/s 197A) but does not provide his PAN. Further, no certificate under section 197 will be granted by the Assessing Officer unless the application contains the PAN of the applicant.

TCS RATE FOR THE ASSESSMENT YEAR 2011-2012 (in %)
(TCS rates with effect from 1st April 2010)

Section Nature of Payment Threshold
Limit
(in Rs.)
Individual/
HUF/ BOI/
AOP
Firm Co?
operative
Society /
Local
Authority
Company
206CA Alcoholic liquor for human consumption and Indian made foreign liquor 0 1.00 1.00 1.00 1.
206CB/ CC/
CD
Timber obtained by any mode and any other forest produce 0 2.50 2.50 2.50 2.50
206CE Scrap 0 1.00 1.00 1.00 1.00
206CF/ CG/
CH
Parking lot / toll plaza / mining and quarrying 0 2.00 2.00 2.00 2.00
206CI Tendu leaves 0 5.00 5.00 5.00 5.00

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3 Comments

  1. Bhaskar says:

    we are a private limited company and have taken on rent a property from an individual from for a rent of Rs. 1,50,000 per month in hyderabad. What is the TDS we have to deduct and aso let me know if we have to pay any service tax on this rental

  2. ramesh says:

    whats the percentage for we have local transporter services ( matrl supplied) they now given bill monthly TDS to be deducted pls confirm

    Mob; 81 23 28 07 26, Sys – N consultants Blr

  3. vidyasagarsunku says:

    If Building owner is NRI, Building is in India. Tenant (Firm)is in India, He has to deduct TDS on rent or not. AS owner is in U.S.A. Rent is 47,500/-

  4. PIYUSH JHUNJHUNWALA says:

    SIR,

    I WANT TO KNOW WHAT WILL BE TDS RATE ON HEAVY MOTOR VECHILE HIRING LIKE CRANE,HYDRA ETC.
    IS IT 2% OR NIL? PLZ GIVE ME LIGHT IN THIS MATTER

  5. kannanAgencies says:

    please send the following question

    private FINANCE company interest paid -TDS Amount deduction section and percentage & date of amendment must

    thanking you

  6. Dilip Mayekar says:

    Please let me know whether surcharge and additional surcharge on I.T & S.C.is collected on sale of scrap u/s.206 C of I.T and finance act 2010-2011.

  7. rama says:

    i have rented out a commercial property for 19,000 per monyh since december 2009. what is the TDS amount that can be educted from the rent. also please suggest me if i do agree to deduct the TDS from the rent or shall i take the entire rent and then file tax return for the income

  8. revanth says:

    hi sir i am joining a accountant in a private company so please help me how to calculate the salary base TDS pleases send me as early as possible

  9. J Viswanadha Kumar says:

    we are working in pvt ltd co., pleas send me details with
    chart for the financial year 2010-11 for the assessment year 2011-12 at any cost.

  10. manoj says:

    We paid rent Rs. 10000/-, Rs.18150/-, RS. 13000/- to same land lord(staTUS- HUF) for different premises. can we deduct TDS on THREE RENT AMOUNTS. THOUGH THRESH HOLD LIMIT IS rS 180000/-

  11. Rajesh says:

    This site is really helpful to all.

    Please send me the rates in detail for the FY 2010-11 for the below:

    TDS, Service Tax, APVAT, WCT

    Thank you,
    Rajesh

  12. Akshay says:

    Dear Taxguru

    My mother has rented our parental house to a company in july, 2010 for the rent amount of 20,000 per month. After three months of paying rent, the company has deducted tds at the rate of 10.3% for the previous three months also. Kindly guide if the company needs to deduct tds or we can
    ask them to give us the entire amount since she does not have any other income and the tds amount also do not go beyond 180000/-

  13. KP521 says:

    If in entire Q1 of current year, I have not deducted any TDS, but paid transport freight without TDS as driver gives me PAN, whether I ma required to file quarterly TDS Return or not.

  14. Navaneeth says:

    DEAR SIR
    OUR COMPANY DEDUCTING TDS UNDER SECTION 194J WHEN MAKING PAYMENTS TO HOSPITALS FOR HOSPITALIZATION OF OUR EMPLOYEES IN EMPANELED HOSPITALS APPROVED BY US .IF THEY HAVE PRODUCED TDS EXEMPTION CERTIFICATE AT THE TIME OF MAKING PAYMENTS THEN WE WILL NOT DEDUCT.NOWADAYS ALOT OF ARGUMENTS ARE TAKING PLACE BETWEEN OUR CO AND HOSPITALS FOR JUSTIFYING THE SAME.
    HOW CAN I GIVE CORRECT REPLY & TELL US LIST OF PROFESSIONAL SERVICES UNDER 194 J ALSO?
    NAVANEETH
    AAO FIN/
    BHEL
    KOLKATA

  15. Piyush Bansal says:

    Hello Sir,

    My company has deducted TDS but the same amount was not deposited to Government. When I questioned about the same, they told me they will give me but now they are just giving me the dates n dates.

    What would I do? Do I lodge the same into Consumer Forum?

    Please guide me.

    Regards,
    Piyush Bansal
    +91-9870055441

  16. laxmikant says:

    DEAR SIR
    I PURCHASES HOUSE PROPERTIES ON 26.10.04 IN RS-3,99,350/- & SALES ON 29.10.2009 IN RS- 8,00,000/- PROFIT RS:-4,00,650/-

    WHO MANY INCOME TAX PAYBLE ON PYOFIT ?
    PL.GIDE ME.
    UPADHYAY
    9029381867

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