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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. Kunal singh says:

    Respected Sir,
    If we have to make a single payment in a year to a transporter of Rs. 16,000/- and he is not having Pan no. then should i deduct tds or not ? My confusion is that whether a transporter should have PAN no in all cases or else only if his total payments exceeds Rs 75,000/- in a year.

    regards
    Kunal

  2. bharat says:

    i am an insurance agent, i share commission with 3 persons for refering me clients. pls let me know till how much amt i can pay without tds.

  3. CWA PRANAB K SATAPATHY says:

    Sir,
    I am working in a state govt.managed project known as RASTRIYA MADHYAMIK SHIKSHA MISSION at Bhubaneswar of ODISHA. As per order of Secretary of Odisha Govt. Being the chairman of our society, renovation work of our office has been made of amount Rs.25.00lakhs through departmentally. now my question is wheather we will deduct TDS ON CONTRACT AS some portion of work has been done through subcontractor.

  4. krishna says:

    I offer professional web marketing services to a client under a company name(PVT LTD) and used to collect monthly amount of Rs.25000/-. Now i want to take these monthly payments on my Individual name.
    Could you please let me know, how to approach the client for change of Account and in which Tax section i will be in ?

  5. vikram says:

    i working a manufcatue company and we are recived Transport bill 9850/- Without pan , please tell me what TDS RAte , Which amount TDS Deducted on Transporter amount limit

  6. M.SENTHIL KUMAR says:

    Fees for professional / technical services to residents is exemptable under 194J upto 20000/- proposed is 30000/-. In this regards, who is called as a professional. Managers above grade is treated as a professional ??

  7. roop says:

    Q. We are running a school. our landlord is a NRI and we have to pay annual rent about Rs.158000/- in the current FY2011-12. As per sec.194I of the ITAct’1961 TDS on rent paid to resident-individual should be deducted @10% if total rent exceeded to Rs.180000/- per annum ..and @20% in the case of Non-PAN.
    Please suggest-
    a) what should be the TDS rate in the case of NRI-(Individual) with valid PAN or Non-PAN too ?
    b) further, please also clarify what is the threshold limit for tds deduction reg. payment of rent to NRI. Is it the same as mentioned in sec.194I or zero (no minimum limit) ?
    c) Is any difference of TDS rate…. if you find any provision in ADT with USA / Canada in such type of payment.

  8. anupam gupta says:

    some of the institutes are deducting 10% tds on contracts. The contractors who are involved in services like construction of roads, construction of building, establishment of power grids & other civil nature of work are being deducted TDS @ 10% from their bills. It is correct or it is not. If it is correct why u/s 194 (C) the rate for contract is shown as 2% only.

  9. Thenmozhi says:

    Sir,

    Pls let me know the % of tds to be paid at source for Company for payment of sewerage amount for the financial year 2011-12 Assessment Year.and Can u please tell me in the construction field which is the deduct from the TDS & what is the percentage.

    Thanking You.

  10. sanjay kumar says:

    during partition of india / pakistan in 1947 muslim population was forced to leave india. they left behind their immovable properties. the authorities in jammu and kashmir set up a department, administered locally, (kept out of state exchequer) to monitor and maintain these properties. this department receives rentals from the authorised occupants of these properties ( land, shops, buildings, houses). is this rental income taxable. which section of income tax act does apply here.

  11. Rampravesh says:

    sir,

    kindly advice me tds deducts f/y 2010 to 2011 and deposited to challan but not deposited to returns how show tds amounts 26as ca ask for him u can give the trail balance finalized of balance

    thanking you
    rampravesh

  12. TITUS says:

    Dear Sir

    while submitting the e filing (ITR 1) my name given was wrong. however PAN number, amount etc were all correct. I could not file the Revised Return since the system (IT) does not accept Revised return sunder section 139(1). Please advise.

    Thanking you

  13. prakash says:

    i am service in bank, my question is , customer invest amount in STDR Capital gain schme and no TDS is tobe deducted on it,
    Query: Whether TDS is to be deducted(capital gain scheme) on the amount of interest or it is to be exempted because capital gain scheme amount is exempt.
    customer want TDS examption certificate, can i given certificate(under which sec.of it laws). pl advise any printed format availabe.some deposits of Motor excident claim tribunal office and other govertment offices(i.e.police,court etc) their own funds (No PAN No.is given) can exampt of TDS.

  14. rony says:

    I have got my TDS from my organisation but since I swapped my organisation in last Assessment year and although i submitted my form 12B there was a error in TDS which hot deducted . So I have to pay an additional amount . Can this be declared in my organisation for deduction in next assessment year or I have to pay it now . If i have to pay it now , I see many option like advance tax, self assessment etc category so in which category i should pay the remaining amount

  15. Anand says:

    Pls let me know if i can get Income Tax Exemption on the commission amount paid to the real estate agent, my main source of income is RENTAl INCOME?

  16. sumit says:

    I am based out in Singapore Travel agent, Selling rates of Indian hotel, is that hotel need to deduct TDS from my commission. i am not paying income tax in india and not ragister in india?

  17. Indra kant says:

    whether TDS on rent in case of joint property where the owner of the property is 50-50%, and if the the combined rent exceeds the ceiling but not the individual rent, in that case is it necessary to deduct TDS on rent at source. Eg. if the total rent received by the joint landlords is Rs.18500.00 per month, do we have to deduct tax on rent at source during the current financial year i.e. 2011-12.

  18. EXCEL ASSOCIATES says:

    We want to have full set of software on TDS which has to generate challan, annexure,cerficate and Q return.

    will you help me out

  19. vedachary says:

    Sir,

    pl. let me know the % of tds to be paid at source for non-company for payment of
    seneirage amount for the financial year 2011-12 Assessment Year

    Thanking you,

  20. Tarunkumar Nayak says:

    we are taking a scorpio from a private party for travelling purpose of our company pesons for this every month we are paying 25000/- so at end of the year how i will be calculate the tds amount and in which nature i will pay it to the govt please say me immedialty

  21. Tarunkumar Nayak says:

    Dear sir

    We are hiring a scopio vehicle from a individual person for this we are going to pay every month rupees 25000/- so please say me how i will calculate the tds and in which nature of payment i will deposit this amount.

  22. Jeevan sen says:

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

    Section Nature

    of Payment
    Threshold
    limit

    upto
    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

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