Income tax

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SHYAMLAL KAYYARUVATH (Querist)
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07 April 2012 Dear sir,

I havn't paid tds on remuneration for the asseament year 2012-2013.At what rate should i deduct tds.Is there any surcharge and cess please explain.

Regds
Shyamlal.K

CA Prashant Gupta

CA Prashant Gupta (Expert)
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07 April 2012 Remuneration to whom??

SHYAMLAL KAYYARUVATH

SHYAMLAL KAYYARUVATH (Querist)
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07 April 2012 remuneration to directors

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Asha Kanta Sharma online

Asha Kanta Sharma

(Expert)
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31 July 2024 If TDS was not deducted on director’s remuneration for the assessment year 2012-13, it is important to rectify the situation by adhering to the correct TDS provisions applicable at that time. Here's a breakdown of the rates and requirements for that period:

### **TDS Rates for AY 2012-13**

For the Assessment Year (AY) 2012-13, the relevant financial year (FY) is 2011-12. The applicable TDS rates on director’s remuneration for that period were:

1. **TDS on Director’s Remuneration**:
- **Rate**: The TDS on remuneration paid to directors was generally required to be deducted at the rate of 40% (plus applicable surcharge and cess).

2. **Surcharge**:
- **Rate**: For AY 2012-13, a surcharge of 10% was applicable if the total income exceeded ₹1 crore.

3. **Cess**:
- **Rate**: An education cess of 3% was applicable on the total tax (including surcharge) to account for the primary and secondary education cess.

### **Summary of TDS Rates for AY 2012-13**:
- **Basic Rate**: 40%
- **Surcharge**: 10% (if total income exceeds ₹1 crore)
- **Education Cess**: 3% (on the tax including surcharge)

### **Steps to Rectify Non-Payment of TDS**

1. **Calculate the TDS Due**: Compute the TDS that should have been deducted on the remuneration to directors, considering the basic rate, surcharge, and cess applicable for the financial year 2011-12.

2. **Pay the TDS**: Deposit the TDS amount to the government using Form 26QB or other applicable forms, if any. The payment can be done through the NSDL website or authorized banks.

3. **File TDS Returns**: File the TDS return for the relevant quarter using Form 24Q (for salaries and directors' remuneration) with the details of the payment and deduction.

4. **Issue TDS Certificates**: Provide Form 16 (TDS Certificate) to the directors to reflect the TDS deducted and deposited.

5. **Penalty and Interest**: Since TDS was not deducted on time, you may be liable to pay interest and penalties for late deduction and payment. The interest is typically calculated under Section 201(1A) of the Income Tax Act, which is 1% per month for late deduction and 1.5% per month for late payment.

### **References**:
- **Income Tax Act**: Section 192 deals with the tax deduction at source on salaries, which includes remuneration paid to directors.
- **Circulars and Notifications**: Review relevant circulars or notifications issued by the Income Tax Department for specific guidance on rates and compliance.

**Please note**: Tax laws are subject to amendments, so always check the most recent amendments or consult a tax professional for the latest advice and accurate calculations.