TDS Return Filings

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What is TDS (Tax Deducted at Source)

   TDS or Tax Deducted at Source is a specific amount that is reduced when a certain payment like salary, commission, rent, interest, professional fees, etc. is made. The person who makes the payment deducts tax at the source, while the person who receives a payment/income has the liability to pay tax.

Liability to deduct TDS:

a) Individual and HUF

An individual and HUF is required to deduct TDS on the specified services if they are engaged in:-
(i) business having turnover of Rs 1 crore or more during the previous financial year or
(ii) profession having receipts of Rs 50 lakh or more during the previous financial year   

b) Any other person apart from Individual and HUF such as Partnership Firm, LLP, Private Limited Company, Co-operative Society etc.

        However, in case of rent payments made by individuals and HUF exceeding Rs 50,000 per month, are required to deduct TDS @ 5% although the individual or HUF is not liable for a tax audit. Also, such Individuals and HUF liable to deduct TDS @ 5% needn’t apply for TAN.
        Employer deducts TDS at the income tax slab rates applicable on Salary of Employees. Banks deduct TDS on Interest income @10% if PAN is Provided, but in case of no PAN may deduct @ 20%

Time Of Deducting TDS and Due date for Depositing the same

Tax is deducted when a payment is due or when an actual payment is made; whichever is earlier

Due Dates

Tax Deducted at Source has to be deposited using Challan ITNS-281 on the government portal or physically at the notified banks on or before 7th date of the next month. For the month of march the due date is 30th April.

Parties to the TDS

  1.  Deductor:  Deductor is the one who is responsible for deduction of TDS means the person who is liable for payment.
  2. Deductee:  The party who receives the payment after deduction of TDS is called the Deductee.

TDS is not Deducted under following cases

Threshold Limit for TDS Deduction under various section

IT SectionNature of PaymentThreshold LimitTDS Rate
Section 192SalaryAs per applicable income slabAs per income tax slab rate
Section 193Interest on securitieRs 2500.00(₹ 5000 for debenture payment)10%.
Section 194Dividend other than the dividend as referred to in Section 115-O500010%
Section 194AInterest other than interest on securities – Banks Time deposits, Recurring deposit and Deposit in Co-op Banks

Senior Citizen Rs. 50000.00 ·

Others Rs. 40000.00

10%
Section 194BIncome by way of winnings from lotteries, crossword puzzles, card games and other games of any sort10,00030%
Section 194BBIncome by way of winnings from horse races10,00030%
Section 194CPayment to Contractors 30,000
which is for each contract, whereas  100,000 is for p.a.

•   Individuals or HUF @ 1%

•   Non-Individual/corporate @ 2%

Section 194DInsurance commission15,000 5%
Section 194EEPayment in respect of deposit under National Savings scheme 2,50020%
Section 194FPayment on account of repurchase of unit by Mutual Fund or Unit Trust of IndiNIL20%
Section 194GCommission on sale of lottery tickets 15,000 5%.
Section 194HCommission or brokerage 15,000 5%
Section 194IRENT  2,40,0002%  on rental amount of plant & machinery/
10% on the rent of land & building
Section 194JFees for professional or technical services: 30,000 p.a10%
Section 194LATDS on compensation for compulsory acquisition of immovable Property  2,50,00010%

Late payment or deduction of TDS

If deductors fail to deposit the TDS  collected , they need to pay simple interest on the total amount deducted as tax at the rate of 1.5% per month.. If deductors fail to deduct the TDS , they need to pay simple interest on the total amount deducted as tax at the rate of 1% per month..

Late filing of return of TDS

 If the deductor fails to furnish the TDS return on or before the specified due date, he shall be liable to pay a penalty under section 234E of ₹ 200 per day till the date of default subject to the maximum amount of TDS is levied

Filing Of TDS Returns

Quarter Quarter Period Quarter Ending Due Date
1st Quarter April – June 30 June 2020 31 March 2021
2nd Quarter July – September 30 September 2020 31 March 2021
3rd Quarter October – December 31 December 2020 31 January 2021
4th Quarter January – March 31 March 2020 31 May 2021
 

Frequently Asked Questions (FAQ’s)

How to pay Tax Deducted/Collected at source?

Tax deducted or collected at source shall be deposited to the credit of the Central Government by following modes
1)Electronic mode:E-Payment is mandatory for
a) All corporate assesses; and
b) All assesses (other than company) to whom provisions of section 44AB of the Income Tax Act, 1961 are applicable.
2) Physical Mode: By furnishing the Challan 281 in the authorized bank branch

What is the rate of TDS when PAN of Deductee is not available?

When PAN of Deductee is not available TDS rate is 20%

Who is liable to deduct tax under Section 194Q?

The tax shall be deducted under Section 194Q by a buyer carrying on a business whose total sales, gross receipts or turnover from the business exceeds Rs. 10 crores during the financial year immediately preceding the financial year in which such goods are purchased. This provision shall be applicable from 01-07-2021. Thus, the liability to deduct tax under this provision in the financial year 2021-22 shall arise if the turnover of the purchaser was more than Rs. 10 crores in the financial year 2020-21.

At what rate tax is to be deducted?

The tax shall be deducted by the buyer of goods at the rate of 0.1% of the purchase value exceeding Rs. 50 lakhs if the seller has furnished his PAN or Aadhaar, otherwise, the tax shall be deducted at the rate of 5%.

Is a buyer importing goods from outside India required to deduct tax at source under this section?

Section 194Q provides that any person, being a buyer who is responsible for paying any sum to any resident, being a seller, is required to deduct tax at source under this provision. Thus, the obligation to deduct tax under this provision arises only when the payment is made to a resident seller. As in the case of import, the seller is a non-resident, the buyer will not have any obligation to deduct tax under this provision. However, the TDS under Section 195 or payment of Equalisation Levy may be required in respect of such transaction.