Notes on tds

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Rates of TDS for F.Y. 2012-13 or A.Y. 2013-14 are given below. TDS is to be deducted on specified payment as prescribed by Income Tax Act by persons who are liable to deduct TDS. (Deducter/Payer) at prescribed rates by Income Tax Act. So It is the duty of the deductor to deduct TDS as given in Income Tax Act. Each payment has its own rate of  percentage to deduct TDS.

Every deductor need to deduct TDS as prescribed in Income Tax Act (not more than that and not lower than that). No doubt, there is no penalty to deduct more or wrongly deduction of TDS. However, deductor will issue TDS certificate (Form 16/Form 16A) as per actual deduction. The payee should claim the refund as per TDS certificate whether is wrongly deduction or higher deduction as the case may be.

However, TDS can be adjusted against any other payment made or credited if TDS has been wrongly deducted from a payment on which there is no liability to deduct TDS. However, the penalty for non-deposit of TDS will be imposed by Income Tax Department.

So TDS rates plays very important part for payer and payee to get easily and timely income tax refund.

Important Notes on TDS Rates Chart for F.Y. 2012-13

Payee should give his PAN to Payer so that payer can put in TDS certificate and in TDS returns. It will help indirectly to payee for gettin refund easily and fastly.

 

But Now w.e.f 1.4.2010 payee must tell his PAN to the payer or deductor otherwise TDS will be deducted @ 20% or the applicable rate, whiever is higher. It is the duty of payer to ensure that PAN of payee should be correct by asking PAN copy.

Check the following notes before going to Chart of TDS Rates for F.Y. 2012-13.

  • In transport business’s contracts, TDS liability will not arise if payee furnish his PAN.
  • w.e.f. 1-7-2012 TDS exemption limit on compensation on acquisition of immovable property is Rs. 2,00,000 as given in table give below earlier it was Rs. 1 Lakh. 
  • Due date of TDS payment is up to 7th day from the closing date of month in which Tax has deducted and 30th April if paid or credit in the month of march otherwise Interest of late deposit  will be liable @ 1.5% for each month of delay.

TDS Rates Chart for F.Y.2012-13 or A.Y.2013-14 (if you want to download this chart in excel or PDF, Please subscribe our email and reply for download with Subject line of  “TDS chart required” or like our Facebook page and send message on it.

Section Nature of Payment Amount Limit TDS Rates for Individuals or HUF TDS Rates Company, Co-operative Society, Firm
194A Interest from a Banking Company Rs. 10,000/- p.a 10 10
194A Interest other than from a Banking Co. Rs.5,000/- p.a. 10 10
194C Contractor Rs. 30000/- per contract or Rs. 75000/- p.a. 2 1
194H Commission or Brokerage Rs. 5,000/- 10 10
194I Rent other Than Plant, Mach. & Eqp. Rs. 1,80,000/- p.a. 10 10
194I Rent of Plant, Machinery & Equipments Rs. 1,80,000/- p.a. 2 2
194J Professional charges Rs.30,000/- 10 10
94 LA Compensation on acquisition of Immovable property Rs.2,00,000/- 10 10

 

Replies (3)
TDS on Payments to Contractors – TDS Rates There is a duty of payer to deduct TDS u/s 194 C on making of payment/credited to contractor. Contractor includes a sub-contractor. In this article we will discuss about the TDS deduction and related procedure on payment to contractors & sub contractors. Contractor and Sub-contractor Giving service to someone for the price is called contract. Service provider will be called contractor. The contractor’s duty is to complete the task for which an agreement has executed. When contractor further enters into a contract with another person to do the jobs completely or partly that is called sub-contractor. It may be any work, deduction u/s 194C will be applicable when the contracts are made for any work. The following are the positions when the liability will arise. Any works examples like broadcasting, advertisement, carriage of goods, catering, any services, You can find more examples by visiting this link; When payer will deduct TDS/Time to deduct TDS? Payment should be more than Rs. 30,000 for one contract/each contract or Rs.75000 in total for all the contracts. The deduction will be made when the payment credited or paid. When the amount exceeds Rs. 30,000 then the deduction will be made on earlier amount also. The section 194 C is applicable for resident contractor only. For non-resident the section 195 will be applicable. On which amount TDS has to be deducted? TDS will be deducted on the amount credited or paid for the services used. However, in the case of manufacturing or product in which the services have involved then the amount to deduct TDS is only for service used, if it is mentioned in the invoice. However, if there is not a separate amount for service, then the TDS will be deducted generally on the total amount of invoice. Who will deduct TDS? On the above payment TDS will be deducted but by whom? The following persons will deduct TDS. * A state or central Government, local authority or corporation under the state or central Government * Company * Society/Co-operative society * Trust/Authority for development of areas * Foreign enterprises * University * Firm * Individuals or HUF or AOP or BOI Individual/HUF/AOP/BOI who has gross receipt/Sale/Turnover * For business: more than Rs. 1 crore (w.e.f.1/4/2012, A.Y.2013-14) Rs. 60 Lakh for A.Y. 2012-13. * For profession: Rs. 25 Lakh (w.e.f.1/4/2012, A.Y.2013-14), Rs. 15 Lakh for A.Y. 2012-13 Examples of work contracts Bank charges, oral contracts, piece rate contracts, advertisement contract, broadcasting contracts, travel agents, airlines, clearing & forwarding contracts, courier agencies, catering contracts, Professional & technical services and other contracts. No TDS deduction on Payment to Transporters if PAN furnished If the operators furnish his PAN to the deductor then deductor should not deduct TDS. But deductor will give the valid ‘PAN’ detail in the ‘Quarterly returns of TDS’ of the deductees within the time limit to get the exemption. It will be done only in the case of transporters, who engaged in the business of plying, hiring or leasing goods carriages. Rates of TDS The rates of TDS for making payment to contractors or sub-contractors for A.Y. 2013-14 are given below: * If payment make to individuals/HUF – 1% (SC-NIL, EC & SHEC-NIL) * If payment make to other person – 2% (SC-NIL, EC & SHEC-NIL) Note: TDS shall be deducted @ 20% in case a deductee fails to furnish his Pan to the deductor (Sec. 206AA) TDS will be deducted on Total amount of Bill including service Tax If services of contractor are liable for service tax, the invoice’s total amount includes the service tax, then the deductor will deduct TDS on total amount of invoice including service tax also. The other provisions like online deposit of TDS, Issue of TDS certificate, Quarterly Returns of TDS and penalty on failure to deposit TDS or statements are common like other nature of payments to deduct TDS
Specified Payments on Which TDS is to be Deducted In this article we will discuss about on which payment they have to deduct TDS. Not every payment is liable to deduct TDS. The income tax act specified some payment on which the deductor is responsible to deduct TDS and deposit the same on behalf of the deductee. Persons deducting taxes from specified payments, remit them to government account and persons from whose income-tax was deducted, get credit for the same in their assessments. 1. Salary 2. Interest on Securities 3. Interest on 8% Saving (Taxable) Bonds, 2003 credited or paid during a finance year to a resident exceeding Rs. 10,000/- 4. Interest on Gold Bonds 5. Interest on listed debentures of a public company 6. Interest other than interest on securities except interest on deposits in notified schemes exceeding Rs. 5,000 p.a. 7. Interest on time deposits (excluding recurring deposits) with a banking company or a co-operative bank where the interest exceeds Rs. 10,000 p.a. (It has been clarified by vide CBDT Circular NO. 8/2011 dt.14.10.2011 that in the case of deposits in banks made by a litigant under directions of a court, in the names of Registrar and Senior Master attached to the court, TDS shall be deducted as per prescribed procedure and at specified rates, and the TDS certificate(s) shall be issued in the name of the depositor litigant as per their respective share.) 8. Interest on deposits under notified scheme with post office, exceeding Rs. 10,000 p.a. 9. Interest on compensation awarded by the Motor Accidents Claim Tribunal, where such interest exceed Rs.50,000 p.a. 10. Interest in relation to zero coupon bonds issued before 1.6.2005 by an infrastructure capital company 11. Winning from lotteries and crossword puzzles or card game and other game of any sort exceeding Rs. 10,000 12. Winning from horse races exceeding Rs. 5000/- 13. Payments to contractor or sub contractors 14. Commission to insurance agents exceeding Rs.20,000/- 15. Payments to non-resident foreigner sportsmen and non-resident sports associations u/s 115BBA 16. Payments of any amount standing to the credit of the assessee in an account under the National Savings Scheme, 1987 being Rs.2500 or more during a financial year 17. Payment on repurchase of units issued under ELSS 18. Commission, remuneration or prize on lottery tickets exceeding Rs. 1000 19. Commission other than insurance commission or brokerage credited or paid exceeding Rs.5000 in a financial year excluding commission or brokerage payable by BSNL or MTNL to their PCO franchisees. 20. Payment of rent during a financial year exceeds Rs.180000/- 21. Fees for professional services exceeding Rs.30000 p.a. 22. Any remuneration, fees, commission, etc. 23. Royalty exceeding Rs. 30000 p.a. 24. Consideration received on account of compulsory acquisition under any law of any immovable property other than agricultural land exceeding Rs. 200000/- (Rs.100000 up to 30.06.2012) in a financial year, to a resident. 25. Sec.194LB, Sec.194LC( Inserted vide Finance Bill, 2012 w.e.f. 01-07-2012) , Sec.195, Sec 196B, Sec.196C, Sec.196D

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