Blue Green Creative Senior Citizens Presentation

SECTION 194P : EXEMPTION FOR ITR FILING FOR SENIOR CITIZEN

TDS U/S 194P: TDS ON EXEMPTION FOR ITR FILING FOR SENIOR CITIZEN

.

1.What do you mean by TDS?

TDS stands for Tax Deducted at Source. TDS is a kind of tax that is deducted by the payer before making certain payments like Salary, Rent, Commission, Interest, Royalty, Professional Fees etc. to the payee.

.

TDS is required to be deducted at the source if the money to be paid and the money already paid exceeds a specified amount.

.

The Payee can claim this tax deducted by the payer while paying his income tax liability for the year, and if the TDS deducted is more than the income tax liability of the assessee then he/ she will be entitled to a refund.

.

The main purpose of introduction of TDS was to reduce the Tax evasion by the person receiving the income.

.

Note: –

Payer- A payer is a person or organization who is responsible for deducting TDS before paying the amount to Payee.

.

Payee- A Payee is a person or organization who receives the payment from the payee after the TDS deduction.

.

2. What is TDS under Section 194P of Income Tax Act?

Section 194P of Income Tax Act, 1961 was introduced to provide conditional relief to senior citizen above the age of 75 years from filing of Income Tax Returns.

.

3.When is TDS to be deducted under Section 194P?

TDS is required to be deducted: –

 At the time of payment.

Or

 At the time of crediting the account of payee, whichever is earlier.

.

Few examples of date of deduction are: –

S.no

Date of Payment

Date of crediting the party in books of accounts

Date of TDS deduction

1.

30/04/2024

30/04/2024

30/04/2024

2.

30/04/2024

01/05/2024

30/04/2024

3.

01/05/2024

30/04/2024

30/04/2024

4.

01/05/2026

30/04/2024

30/04/2024


.

4.Who is required to deducts TDS under Section 194P?

Section 194P mandates that the senior citizens are not required to filed Income Tax return if the bank has deducted TDS on their income.

.

NOTE: –

This section i.e. TDS u/s 194P is not applicable when the senior citizen is a non-resident.

.

Example: –

Mr. Singh a resident of India aged 77 years has pension income of Rs 52000 per month and the same is credited to SBI bank. In addition, he gets interest @ 8% on deposits of Rs. 20 lakhs with the same bank. Out of the deposit of Rs. 20 Lakhs, Rs. 2 lakhs represent Five-year term deposit made by him. Interest on Saving bank credited to his saving account was Rs. 9500? Compute the TDS deductible by SBI bank if Mr. sharma has filed a declaration with them?

.

Computation of tax liability under old scheme

.

Particulars

Rs.

Rs.

I

Income from Salaries

Pension (52000*12)

Less: Standard deduction

.

.

6,24000

(50,000)

.

.

5,74,000

II

Income from other sources

Interest from Deposits

Interest from Savings bank
.

.

1,60,000

9,500

.

.

1,69,500

Gross Total Income

.

7,43,500

Less: Deduction on Chapter VI-A

U/S 80C

Five year term deposit (2 lakhs, restricted to 1.5 lakhs)

.

U/S 80TTB

Interest on Fixed deposits & Saving bank(restricted to 50,000)

.

.

1,50,000

.

.

50,000

.

.

.

.

.

(2,00,000)

Total Taxable Income

.

5,43,500

Tax payable as per slab

.

18,700

Add: Health & education cess @ 4%

.

748

Total Tax liability (rounded off)

.

19,450

Computation of tax liability under new scheme (115 BAC)

.

Particulars

Rs.

Rs.

I

Income from Salaries

Pension (52000*12)

Less: Standard deduction

.

.

6,24000

(50,000)

.

.

5,74,000

II

Income from other sources

Interest from Deposits

Interest from Savings bank
.

.

1,60,000

9,500

.

.

1,69,500

Gross Taxable Income

.

7,43,500

Less: Deduction under Chapter VI-A

(No deduction under new scheme)

.

Nil

Total Income

.

7,43,500

Tax Payable as per slab rate

.

29,350

Health & Education cess @ 4%

.

1,174

Total Tax Payable

.

30,520

.

Since Mr Singh liability is less under new scheme i.e. 115BAC so bank must deduct TDS under new scheme @ 2544 (approx.) per month (30,520/12).

Mr. Singh is not required to file his Income tax return as all conditions of 194P are satisfied.

.

5.Rate of TDS under Section 194P?

The TDS rate is determined as per the slab rate of the resident individual.

.

6.Conditions under Section 194P where the resident senior citizen will get exemption from filing of Income Tax Return?
 Senior citizen should be of age 75 years or more.
 Senior citizen should be ‘Resident’ in previous year.
 He must have pension income and interest income from a bank account only. Interest must be accrued / earned from the same bank in which he is receiving his pension.
 The senior citizen will submit a declaration containing some details (mentioned below) to the bank.
 The bank must be specified, a ‘specified bank’ is banking company as notified by the central government. Such bank will be responsible for TDS deductions of senior citizen after considering the deductions under Chapter VI-A and rebate under 87A.

.

.

7.Time limit for deposit of TDS under Section 194P?

The due date for deposit of TDS is as below: –

Month

Due Date

April

On or before 7th May.

May

On or before 7th June.

June

On or before 7th July.

July

On or before 7th August.

August

On or before 7th September.

September

On or before 7th October.

October

On or before 7th November.

November

On or before 7th December.

December

On or before 7th January.

January

On or before 7th February.

February

On or before 7th March.

March

On or before 30th April.

.

8.What is the due date for filing of TDS return under Section 194P?

TDS is to be deposited monthly on the dates mentioned above but the return is to be filed quarterly on or before the below mentioned dates: –

Quarter

Period

Due date (TDS filing)

1St quarter

April-June

31st July.

2nd quarter

July-September

31st October.

3rd quarter

October- December

31st January.

4th quarter

January- March

31st May.

.

.

9.Type of TDS return & form to be issued?

TDS under this section has to filed quarterly through FORM 26Q and the deductor has to issue FORM 16A to the employee after filing of return.

.

10.Fees/ Penalties for Late/ Non- Filing of TDS u/s 194P?

Following penalties/fees will be levied if there is delay in TDS deduction or delay in deposit of TDS or non-filing of quarterly return.

Particulars

Penalty

TDS not deducted on time.

1% per month or part of month.

TDS deducted but not deposited before due date

1.5% per month or part of month.

TDS return not file on or before due date

200 per day maximum till TDS amount.

.

FREQUENTLY ASKED QUESTIONS?

.

Q. Which tax regime will be applied wile deducting TDS u/s 194P?

A. The bank calculates the taxable income after getting the declaration from the senior citizen and applies the beneficial tax regime to the taxpayer to arrive at the TDS to be made u/s 194P.

.

Q. What is the age limit for 194P?

A. The age limit for relaxation of filing of ITR under Section 194P is 75 years or above.

.

Q. Is there any threshold under Section 194P?

A, Yes, if the income is below the basic exemption limit then TDS will not be deducted.

.

.

DECLARATION BY A SENIOR CITIZEN

The Specified bank, as mentioned above, shall deduct TDS based on a declaration submitted by the senior citizen to the bank.

.

The declaration should contain the below- mentioned details:

 PAN and Pension Payout Order (PPO) number.
 Total income of the senior citizen.
 Deduction availed under Section 80C to 80U.
 Rebate available under Section 87A.
 Confirmation from the senior citizen of having only pension and interest income.

.

.

.

.

www.canayansaluja.com

SECTION 194O : TDS ON PAYMENT MADE TO E-COMMERCE PARTICIPANTS

TDS U/S 194O: TDS ON PAYMENT MADE TO E-COMMERCE PARTICIPANTS

.

1.What do you mean by TDS?

TDS stands for Tax Deducted at Source. TDS is a kind of tax that is deducted by the payer before making certain payments like Salary, Rent, Commission, Interest, Royalty, Professional Fees etc. to the payee.

.

TDS is required to be deducted at the source if the money to be paid and the money already paid exceeds a specified amount.

.

The Payee can claim this tax deducted by the payer while paying his income tax liability for the year, and if the TDS deducted is more than the income tax liability of the assessee then he/ she will be entitled to a refund.

.

The main purpose of introduction of TDS was to reduce the Tax evasion by the person receiving the income.

.

Note: –

Payer- A payer is a person or organization who is responsible for deducting TDS before paying the amount to Payee.

.

Payee- A Payee is a person or organization who receives the payment from the payee after the TDS deduction.

.

2. What is TDS under Section 194O of Income Tax Act?

Section 194O of Income Tax Act, 1961 mandates that TDS to be deducted by e-commerce operators of the gross sales amount made by e-commerce participant on the platform facilitated by the e-commerce operators.

.

3.Who are e-commerce operators and e-commerce participants?

E-commerce operator

An E-commerce operator is a person who owns, operates, or manages a digital/ electronic facility for sale of goods and services. He is responsible for making payments to the e-commerce participant on such sales.

.

E-commerce participant

An E-commerce participant is a person who sells goods, services or both through an electronic facility provided by an E-commerce operator. He must be a resident in India.

.

4.When is TDS to be deducted under Section 194O?

TDS is required to be deducted: –

 At the time of payment.

Or

 At the time of crediting the account of payee, whichever is earlier.

.

Few examples of date of deduction are: –

S.no

Date of Payment

Date of crediting the party in books of accounts

Date of TDS deduction

1.

30/04/2024

30/04/2024

30/04/2024

2.

30/04/2024

01/05/2024

30/04/2024

3.

01/05/2024

30/04/2024

30/04/2024

4.

01/05/2026

30/04/2024

30/04/2024


.

5.Who is required to deducts TDS under Section 194O?

The E-commerce operator shall deduct TDS of the gross sales amount made by resident e-commerce participant on the platform facilitated by the e-commerce operators.

.

NOTE: –

This section i.e. TDS u/s 194O is not applicable when the e-commerce participant is non- residents.

.

Example: –

Mrs. Harsha sales kesar through flipkat.com an E-commerce operator. Flipkart is using payment gateway of CC- Avenue? What are the TDS implications?

.

In this case Flipkart is required to deduct TDS u/s 194O of Mrs. Harsha and CC-Avenue is not required to deduct TDS of Flipkart as Payment gateway will not be required to be deduct TDS u/s 194O, if the tax has been deducted by the e-commerce operator u/s 194O provided CC-avenue takes undertaking from Flipkart regarding deduction of Tax by Flipkart.

.

6.Rate of TDS under Section 194O?

The TDS rate under this Section is: –

Sl no.

Particular

TDS- If PAN is available

TDS – If PAN is not available

1.

Resident- ecommerce participant

.

1%

.

5%

NOTE: –

From 1st October 2024 TDS rate will be reduced from 1% to 0.1%.

.

7.Exemption under Section 194O?

No TDS if all the following conditions are satisfied: –

 The e-commerce participant is an Individual or HUF.
 The gross amount of such sale or service or both during the previous year upto Rs. 5 lakhs.
 The e-commerce participant has furnished his PAN or AADHAR to the e-commerce operator.

.

8.Time limit for deposit of TDS under Section 194O?

The due date for deposit of TDS is as below: –

Month

Due Date

April

On or before 7th May.

May

On or before 7th June.

June

On or before 7th July.

July

On or before 7th August.

August

On or before 7th September.

September

On or before 7th October.

October

On or before 7th November.

November

On or before 7th December.

December

On or before 7th January.

January

On or before 7th February.

February

On or before 7th March.

March

On or before 30th April.

.

.

9.What is the due date for filing of TDS return under Section 194O?

TDS is to be deposited monthly on the dates mentioned above but the return is to be filed quarterly on or before the below mentioned dates: –

Quarter

Period

Due date (TDS filing)

1St quarter

April-June

31st July.

2nd quarter

July-September

31st October.

3rd quarter

October- December

31st January.

4th quarter

January- March

31st May.

.

.

10.Type of TDS return & form to be issued?

TDS under this section has to filed quarterly through FORM 26Q and the deductor has to issue FORM 16A to the employee after filing of return.

.

11.Fees/ Penalties for Late/ Non- Filing of TDS u/s 194O?

Following penalties/fees will be levied if there is delay in TDS deduction or delay in deposit of TDS or non-filing of quarterly return.

Particulars

Penalty

TDS not deducted on time.

1% per month or part of month.

TDS deducted but not deposited before due date

1.5% per month or part of month.

TDS return not file on or before due date

200 per day maximum till TDS amount.

.

.

.

FREQUENTLY ASKED QUESTIONS?

.

Q. Is there any threshold under Section 194O?

A. No, there is no threshold for TDS u/s 194O, but in case of Individuals or HUF and the amount of sales or services is upto 5 lakhs during the financial year then no TDS will be required to be deducted.

.

Q. Is 194O applies to non-residents?

A. NO, Section 194O does not apply if the e-commerce applicant is non-resident.

.

Q. From when TDS under Section 194O is reduced to 0.1%?

A. TDS on e-commerce transaction u/s 194O is reduced to 0.1% from 1st October 2024.

.

Q. Does this section 194O includes on TDS on sale of goods through e-commerce?

A. NO, TDS under 194O also includes sale of services and services includes fees for professional and technical services also.

.

.

FEW IMPORTANT POINTS

1.Any payment made by a purchaser of goods or services directly to an e-commerce participant, but sale facilitated by e-commerce operator, shall deemed to be amount paid/ credited by e-commerce operator to e-commerce participants and shall be included in the gross amount for the purpose of TDS.
2.If TDS deducted u/s 194O (or not deductible due to Rs. 5 lakhs limit), TDS is not deductible under any other section.
3.Payment gateway will not be required to be deduct TDS u/s 194O, if the tax has been deducted by the e-commerce operator u/s 194O.

.

.

.

Technology in the Life of Consumers Technology Presentation in Blue Illustrative Style

SECTION 194N : TDS ON CASH WITHDRAWAL

TDS U/S 194N: TDS ON CASH WITHDRAWAL

.

1.What do you mean by TDS?

TDS stands for Tax Deducted at Source. TDS is a kind of tax that is deducted by the payer before making certain payments like Salary, Rent, Commission, Interest, Royalty, Professional Fees etc. to the payee.

.

TDS is required to be deducted at the source if the money to be paid and the money already paid exceeds a specified amount.

.

The Payee can claim this tax deducted by the payer while paying his income tax liability for the year, and if the TDS deducted is more than the income tax liability of the assessee then he/ she will be entitled to a refund.

.

The main purpose of introduction of TDS was to reduce the Tax evasion by the person receiving the income.

.

Note: –

Payer- A payer is a person or organization who is responsible for deducting TDS before paying the amount to Payee.

.

Payee- A Payee is a person or organization who receives the payment from the payee after the TDS deduction.

.

2. What is TDS under Section 194N of Income Tax Act?

Section 194N of Income Tax Act, 1961 mandates that TDS to be deducted on cash withdrawn from banks, Co. op. banks, Post office etc.

.

3.When is TDS to be deducted under Section 194N?

Normally the TDS is to be deducted at the time of payment or at the time of crediting the party in the books of accounts but in case of TDS u/s 194N the TDS must be deducted at the time of payment only.

Few examples of date of deduction are: –

S.no

Date of Payment to employee

Date of crediting the party in books of accounts

Date of TDS deduction

1.

30/04/2024

30/04/2024

30/04/2024

2.

30/04/2024

01/05/2024

30/04/2024

3.

01/05/2024

30/04/2024

01/05/2024

4.

01/05/2026

30/04/2024

01/05/2026

.


.

4.Who is required to deducts TDS under Section 194N?

The person (payer) making the cash payment will have to deduct TDS under Section 194N. Here is a list of such persons: –

 Any bank (Private or Public sector).
 A Co- operative society.
 A post office.

NOTE: –

NO, TDS if the cash withdrawal is upto Rs. 1 crore during the Financial Year.

.

Example: –

Mr. Budhiraja has a savings account and a current account with IDFC bank. During the F.Y 2024-25, he withdraws cash of Rs. 50 lakhs from saving accounts and Rs. 60 lakhs from current account. What will be the rate of TDS u/s 194 and the amount to be deducted by Bank?

.

.

Total cash withdrawal by Mr. Budhiraja

Rs. 1,10,00,000

Sum exceeding Rs. 1,00,00,000

Rs. 10,00,000

Rate of TDS

2%

Total TDS to be deducted by Bank

Rs. 20,000

.

5.Rate of TDS under Section 194N?

The TDS rate under this Section is: –

Sl no.

Amount of cash withdrawal

Person – not filed an income tax return for three years

Other persons

1.

Upto Rs. 20 lakhs

.

Nil

.

Nil

2.

Rs. 20 Lakhs to Rs. 1 crore

.

.

2%

.

.

Nil

3.

More than Rs. 1crore

.

5%

.

2%

.

.

6.Exemption under Section 194N?

No TDS if: –

 The amount withdrawal is upto Rs. 1 crore.
 The person has not filed income tax return for 3 years and withdrawal is upto Rs. 20 lakhs.
 Cash withdrawal by government.
 Cash withdrawal by Banks, Co-op Bank, Post office and their business correspondent.
 Cash withdrawal by ATM operator of banks or Co-op Bank.
 Cash withdrawal by Cash replenishment agencies and franchise agents of White label ATM operators in respect of withdrawal made from a separate bank maintained only for replenishing cash in ATM.
 Cash withdrawal by Registered Commission agent/ trader operating under Agriculture Produce Market Committee (APMC) and certifies that withdrawal is made for making payments to farmers.
 Cash withdrawal by Authorized dealers, Full Fledged Money Changer (FFMC), their franchise agent and sub- agent in respect of withdrawal made for purchasing foreign currency from NR/ foreign tourist visiting India or resident Indians on their return to India for disbursement of Inward remittances to recipient beneficiaries in India in cash under Money Transfer Service Scheme.

.

7.Time limit for deposit of TDS under Section 194N?

The due date for deposit of TDS is as below: –

Month

Due Date

April

On or before 7th May.

May

On or before 7th June.

June

On or before 7th July.

July

On or before 7th August.

August

On or before 7th September.

September

On or before 7th October.

October

On or before 7th November.

November

On or before 7th December.

December

On or before 7th January.

January

On or before 7th February.

February

On or before 7th March.

March

On or before 30th April.

.

.

8.What is the due date for filing of TDS return under Section 194N?

TDS is to be deposited monthly on the dates mentioned above but the return is to be filed quarterly on or before the below mentioned dates: –

Quarter

Period

Due date (TDS filing)

1St quarter

April-June

31st July.

2nd quarter

July-September

31st October.

3rd quarter

October- December

31st January.

4th quarter

January- March

31st May.

.

.

9.Type of TDS return & form to be issued?

TDS under this section has to filed quarterly through FORM 26Q and the deductor has to issue FORM 16A to the employee after filing of return.

.

10.Fees/ Penalties for Late/ Non- Filing of TDS u/s 194N?

Following penalties/fees will be levied if there is delay in TDS deduction or delay in deposit of TDS or non-filing of quarterly return.

Particulars

Penalty

TDS not deducted on time.

1% per month or part of month.

TDS deducted but not deposited before due date

1.5% per month or part of month.

TDS return not file on or before due date

200 per day maximum till TDS amount.

.

.

.

FREQUENTLY ASKED QUESTIONS?

.

Q. Is there any threshold under Section 194N?

A. If the payee has not filed income tax returns for the last 3 years, then the threshold will be Rs. 20 lakhs otherwise the threshold will be Rs. 1 crore.

.

Q. Is 194N applies to non-residents?

A. Yes, Section 194N also applies to withdrawal made by the non-resident.

.

Q. From when TDS under Section 194N is applicable?

A. TDS on cash withdrawal u/s 194N is applicable starting 1st September 2019.

.

Q. Can we claim TDS on cash withdrawal u/s 194N?

A. Yes, payee can claim TDS while filing their return.

.

Q. What is the TDS rate if PAN is not available, or PAN is not linked to AADHAR?

A. If PAN is not available or PAN and AADHAR are not linked to each other then the TDS rate will be 20% and threshold will be Rs. 20 lakhs.

.

Measuring with Metric Units Maths Presentation in Blue Pink Hand Drawn Graphic Style

SECTION 194K : TDS ON INCOME FROM MUTUAL FUND UNITS

TDS U/S 194K: TDS ON INCOME FROM MUTUAL FUND UNITS

.

1.What do you mean by TDS?

TDS stands for Tax Deducted at Source. TDS is a kind of tax that is deducted by the payer before making certain payments like Salary, Rent, Commission, Interest, Royalty, Professional Fees etc. to the payee.

.

TDS is required to be deducted at the source if the money to be paid and the money already paid exceeds a specified amount.

.

The Payee can claim this tax deducted by the payer while paying his income tax liability for the year, and if the TDS deducted is more than the income tax liability of the assessee then he/ she will be entitled to a refund.

.

The main purpose of introduction of TDS was to reduce the Tax evasion by the person receiving the income.

.

Note: –

Payer- A payer is a person or organization who is responsible for deducting TDS before paying the amount to Payee.

.

Payee- A Payee is a person or organization who receives the payment from the payee after the TDS deduction.

.

2. What is TDS under Section 194K of Income Tax Act?

Section 194K of Income Tax Act, 1961 mandates that TDS to be deducted by the payer while making payment related to income from unit trust of India or mutual fund units.

.

3.When is TDS to be deducted under Section 194K?

TDS is required to be deducted: –

 At the time of payment.

Or

 At the time of crediting the account of payee, whichever is earlier.

.

Few examples of date of deduction are: –

S.no

Date of Payment

Date of crediting the party in books of accounts

Date of TDS deduction

1.

30/04/2024

30/04/2024

30/04/2024

2.

30/04/2024

01/05/2024

30/04/2024

3.

01/05/2024

30/04/2024

30/04/2024

4.

01/05/2026

30/04/2024

30/04/2024


.

4.Who is required to deducts TDS under Section 194K?

Any person making payments related to Income from Unit trust of India (UTI) or Mutual fund units to a resident person during the financial year if the amount exceeds Rs. 5,000.

.

NOTE: –

This section i.e. TDS on payments related to Income from Unit trust of India (UTI) or Mutual fund units is not applicable while making such payments to non-resident.

.

Example: –

Mr. Kunal holding 10,000 units if HDFC mutual funds, during the F.Y 2024-25 HDFC mutual fund announce income of 10 per unit to its unit holders. Discuss the TDS implications?

.

As per Section 194K a mutual fund unit has to deduct TDS if during the Financial Year income form units given to a resident person is above Rs. 5,000. In the give case Mr. Kunal has earned income of Rs. 1,00,000 (10,000 units * 10 per unit), so the HDFC mutual funds are required to deduct TDS @ 10% i.e. 10,000 before distributing the income to Mr. Kunal.

.

5.Rate of TDS under Section 194K?

The TDS rate under Section 194K is 10% and in case the PAN of the person is not provided TDS rate will be increased to 20% form 10%.

.

6.Exemption under Section 194K?

No TDS if: –

 The amount is upto Rs. 5,000 during the financial year.

.

7.Time limit for deposit of TDS under Section 194K?

The due date for deposit of TDS is as below: –

Month

Due Date

April

On or before 7th May.

May

On or before 7th June.

June

On or before 7th July.

July

On or before 7th August.

August

On or before 7th September.

September

On or before 7th October.

October

On or before 7th November.

November

On or before 7th December.

December

On or before 7th January.

January

On or before 7th February.

February

On or before 7th March.

March

On or before 30th April.

.

8.What is the due date for filing of TDS return under Section 194K?

TDS is to be deposited monthly on the dates mentioned above but the return is to be filed quarterly on or before the below mentioned dates: –

Quarter

Period

Due date (TDS filing)

1St quarter

April-June

31st July.

2nd quarter

July-September

31st October.

3rd quarter

October- December

31st January.

4th quarter

January- March

31st May.

.

9.Type of TDS return & form to be issued?

TDS under this section has to filed quarterly through FORM 26Q and the deductor has to issue FORM 16A to the employee after filing of return.

.

10.Fees/ Penalties for Late/ Non- Filing of TDS u/s 194K?

Following penalties/fees will be levied if there is delay in TDS deduction or delay in deposit of TDS or non-filing of quarterly return.

Particulars

Penalty

TDS not deducted on time.

1% per month or part of month.

TDS deducted but not deposited before due date

1.5% per month or part of month.

TDS return not file on or before due date

200 per day maximum till TDS amount.

.

FREQUENTLY ASKED QUESTIONS?

.

Q. Whether TDS is required to be deducted under 194K if payment is made to non-resident?

A. NO, this section only covers payment to resident person only. So, payment made to non- resident is not covered under 194K.

.

Q. Is there any threshold for TDS u/s 194K?

A. Yes, the threshold limit is Rs. 5,000, but in case of payment of remuneration to directors there is no threshold limit.

.

Q. Who deducts TDS under Section 194K?

A. The Asset Management Company (AMC) or the funds are liable to deduct TDS. Following are the types of entities that are required to deduct TDS.

 Mutual Fund as per Section 10(23D)
 Units of a specified company.
 Units from the administrator of specified undertakings.

.

Q. What is an Asset Management Company?

A. An Asset Management Company (AMC) is an company that collects funds from investors and invest them in various investment channels such as equities, debt, gold etc.

.

.

194J

Section 194J: FEES FOR PROFESSIONAL OR TECHNICAL SERVICES

  1. What do you mean by TDS?

TDS stands for Tax Deducted at Source. TDS is a kind of tax that is deducted by the payer before making certain payments like Salary, Rent, Commission, Interest, Royalty, Professional Fees etc. to the payee.

TDS is required to be deducted at the source if the money to be paid and the money already paid exceeds a specified amount.

The Payee can claim this tax deducted by the payer while paying his income tax liability for the year, and if the TDS deducted is more than the income tax liability of the assessee then he/ she will be entitled to a refund.

The main purpose of introduction of TDS was to reduce the Tax evasion by the person receiving the income.

Note: –

Payer- A payer is a person or organization who is responsible for deducting TDS before paying the amount to Payee.

Payee- A Payee is a person or organization who receives the payment from the payee after the TDS deduction.

2. What is TDS under Section 194J of Income Tax Act?

Section 194J of Income Tax Act, 1961 mandates that TDS to be deducted by the payer while making payment related to professional services or technical services or royalty etc.

3. When is TDS to be deducted under Section 194J?

TDS is required to be deducted: –

  • At the time of payment.

            Or

  • At the time of crediting the account of payee, whichever is earlier.

Few examples of date of deduction are: –

S.noDate of PaymentDate of crediting the party in books of accountsDate of TDS deduction
1.30/04/202430/04/202430/04/2024
2.30/04/202401/05/202430/04/2024
3.01/05/202430/04/202430/04/2024
4.01/05/202630/04/202430/04/2024

4. Who is required to deducts TDS under Section 194J?

Every person making payments in the nature of fees for professional services or technical services is liable to deduct TDS. However, following person are not liable to deduct TDS on such payments.

  • In case of Individuals or HUF carrying on a business: Where turnover does not exceed Rs. 1 crore during the previous financial year.
  •  In case of Individuals or HUF carrying on a profession: Where gross receipts does not exceed Rs. 50 lakhs during the previous financial year.

NOTE: –

This section i.e. TDS on payments in the nature of fees for professional services or technical services is not applicable while making such payments to non-resident.

Example: –

KD, a part time director of XYZ Pvt. Ltd. was paid an amount of Rs. 2,25,000 as fees which was actually in the nature commission on sales for the period 01.04.24 to 31.07.24? What are the TDS implications?

Since 194J provides for deduction of tax at source @ 10% on any remuneration, or fees or commission, by whatever name called, paid to a director, which is not in the nature of salary. Hence, tax is to be deducted at source u/s 194J @ 10% by XYZ ltd. on commission paid to Mr. KD.

5. Rate of TDS under Section 194J?

The TDS rate under this Section is: –

Sl no.Nature of paymentTds if pan is availableTds if pan not available
1.Payment to call centers/ fees for technical services/ royalty paid for sale, distribution or exhibition of cinematographic film.  2%  20%
2.Fees for profession services, non-compete fees    10%    20%
3.Remuneration to directors  10%  20%

6. Exemption under Section 194J?

No TDS if: –

  • The amount is upto Rs. 30,000.
  • The fees for professional services is exclusively for personal purpose.

7. Time limit for deposit of TDS under Section 194J?

The due date for deposit of TDS is as below: –

MonthDue Date
AprilOn or before 7th May.
MayOn or before 7th June.
JuneOn or before 7th July.
JulyOn or before 7th August.
AugustOn or before 7th September.
SeptemberOn or before 7th October.
OctoberOn or before 7th November.
NovemberOn or before 7th December.
DecemberOn or before 7th January.
JanuaryOn or before 7th February.
FebruaryOn or before 7th March.
MarchOn or before 30th April.

8. What is the due date for filing of TDS return under Section 194J?

TDS is to be deposited monthly on the dates mentioned above but the return is to be filed quarterly on or before the below mentioned dates: –

QuarterPeriodDue date (TDS filing)
1St quarterApril-June31st July.
2nd quarterJuly-September31st October.
3rd quarterOctober- December31st January.
4th quarterJanuary- March31st May.

9. Type of TDS return & form to be issued?

TDS under this section has to filed quarterly through FORM 26Q and the deductor has to issue FORM 16A to the employee after filing of return.

10. Fees/ Penalties for Late/ Non- Filing of TDS u/s 194J?

    Following penalties/fees will be levied if there is delay in TDS deduction or delay in deposit of TDS or non-filing of quarterly return.

    ParticularsPenalty
    TDS not deducted on time.1% per month or part of month.
    TDS deducted but not deposited before due date1.5% per month or part of month.
    TDS return not file on or before due date200 per day maximum till TDS amount.

    11. FREQUENTLY ASKED QUESTIONS?

    Q. Whether TDS is required to be deducted under 194J if payment is made to non-resident?

    A. NO, this section only covers payment to resident person only. So, payment made to non- resident is not covered under 194J.

    Q. At what amount TDS is to be deducted at gross amount or net amount?

    A. TDS should be deducted at the amount after deduction of all taxes like Gst.

    Q. Is it mandatory to have written contract to attract TDS under this section?

    A. NO, it is not mandatory to have written contract to attract TDS under section 194J.

    Q. TDS on payments by broadcaster/ telecaster to production houses for production of content for broadcasting/ telecasting.

    A. Where the content is produced as per specification of broadcaster and the copyright of the content is also transferred to them then such contract is covered under the definition of the term work u/s 194C, and it is subject to TDS u/s 194C.

    Where telecaster acquires only the telecasting rights of the content already produced by the production house (eg. Rights of original Ramayan) then it is covered under 194J.

    Q. Is there any threshold for TDS u/s 194J?

    A. Yes, the threshold limit is Rs. 30,000, but in case of payment of remuneration to directors there is no threshold limit.

    Q. Is the Rs. 30,000 limit to be considered separately or in totality?

    A. Rs. 30,000 limit is to be considered separately for

    • Fees for professional services.
    • Fees for technical services.
    • Royalty.
    • Non-compete fees.
    White and Blue Minimalist Financial Report Presentation

    Section 194IC : TDS ON PAYMENT UNDER SPECIFIC AGREEMENT

    TDS U/S 194IC: TDS ON PAYMENT UNDER SPECIFIC AGREEMENT

    .

    1.What do you mean by TDS?

    TDS stands for Tax Deducted at Source. TDS is a kind of tax that is deducted by the payer before making certain payments like Salary, Rent, Commission, Interest, Royalty, Professional Fees etc. to the payee.

    .

    TDS is required to be deducted at the source if the money to be paid and the money already paid exceeds a specified amount.

    .

    The Payee can claim this tax deducted by the payer while paying his income tax liability for the year, and if the TDS deducted is more than the income tax liability of the assessee then he/ she will be entitled to a refund.

    .

    The main purpose of introduction of TDS was to reduce the Tax evasion by the person receiving the income.

    .

    Note: –

    Payer- A payer is a person or organization who is responsible for deducting TDS before paying the amount to Payee.

    .

    Payee- A Payee is a person or organization who receives the payment from the payee after the TDS deduction.

    .

    2. What is TDS under Section 194IC of Income Tax Act?

    Section 194IC of Income Tax Act, 1961 mandates that TDS to be deducted by the payer while making payments to resident under a joint development agreement.

    .

    3.What do you mean by Joint Development Agreement?

    The legal contract that binds the owner and a builder is known as joint development agreement. Under this agreement, the owner grants the developer the right to construct a real estate project on their land or building.

    The developer in turns, agrees to share a portion of the constructed property or make cash payments to the owner as compensation for use of their property.

    .

    .

    4.When is TDS to be deducted under Section 194IC?

    TDS is required to be deducted: –

     At the time of actual payment.

    Or

     At the time of crediting the account of payee, whichever is earlier.

    .

    Few examples of date of deduction are: –

    S.no

    Date of actual payment of last month

    Date of crediting the party in books of accounts

    Date of TDS deduction

    1.

    30/04/2024

    30/04/2024

    30/04/2024

    2.

    30/04/2024

    01/05/2024

    30/04/2024

    3.

    01/05/2024

    30/04/2024

    30/04/2024

    4.

    01/05/2026

    30/04/2024

    30/04/2024

    .


    .

    5.Who is required to deducts TDS under Section 194IC?

    TDS to be deducted by any person on payments made to a resident person under a joint development agreement.

    NOTE: –

    This section i.e. TDS on payments related to joint development agreement is not applicable in case of non-resident payee.

    Example: –

    Mr. Kunal owner of land in Delhi enters into a Joint Development Agreement (JDA) with builder Mr. Satyam, wherein Satyam would build a 3-story building on his land, in return Mr. Kunal will get one floor with roof rights worth 10 crore rupees and 5 crore rupees. Discuss the TDS implications?

    Under Section 194IC TDS is required to be deducted by the payer while making payment in relation to joint development agreement to a resident payee.

    In this case Mr. Satyam used Mr. Kunal’s land and in return Mr. Kunal will get a floor worth Rs. 10 crores and cash of Rs. 5 crores. Since under Section 194IC TDS is to be deducted only on cash payment @10%, so Mr. Satyam is liable to deduct Rs. 50lakhs i.e. (5cr * 10%) before making payment to Mr. Kunal.

     

    6.Rate of TDS under Section 194IC?

    The TDS rate under this Section is: –

    Sl no.

    Nature of payment

    TDS if pan is available

    TDS if pan not available

    1.

    Payment related to joint development agreement

    .

    10%

    .

    20%

    NOTE:

    In case the PAN & AADHAR of the seller is not linked then the TDS rate will be 20% instead of 1%.

    .

    7.Exemption under Section 194IC?

    No TDS if: –

     Payment is made in any form other than cash i.e. if payment is made in cash only the TDS must be deducted.

    .

    8.Time limit for deposit of TDS under Section 194IC?

    The due date for deposit of TDS is as below: –

    Last month of rent

    Due Date

    April

    On or before 7th May.

    May

    On or before 7th June.

    June

    On or before 7th July.

    July

    On or before 7th August.

    August

    On or before 7th September.

    September

    On or before 7th October.

    October

    On or before 7th November.

    November

    On or before 7th December.

    December

    On or before 7th January.

    January

    On or before 7th March.

    February

    On or before 7th March.

    March

    On or before 30th April.

    .

    9.What is the due date for filing of TDS return under Section 194IC?

    Due date of filing of form under 194IC is as follows.

    Quarter

    Period

    Due date (TDS filing)

    1St quarter

    April-June

    31st July.

    2nd quarter

    July-September

    31st October.

    3rd quarter

    October- December

    31st January.

    4th quarter

    January- March

    31st May.

    .

    10.Type of TDS return & form to be issued?

    TDS under this section has to filed through FORM 26QC and the deductor has to issue FORM 16C to the employee after filing of return within 15 days of filing return.

    .

    11.Fees/ Penalties for Late/ Non- Filing of TDS u/s 194IC?

    Following penalties/fees will be levied if there is delay in TDS deduction or delay in deposit of TDS or non-filing of quarterly return.

    Particulars

    Penalty

    TDS not deducted on time.

    1% per month or part of month.

    TDS deducted but not deposited before due date

    1.5% per month or part of month.

    TDS return not filed

    Rs 200 per day for non- filing

    .

    .

    .

    FREQUENTLY ASKED QUESTIONS?

    .

    Q. What is the threshold limit for TDS under 194IC?

    A. TDS is deducted only on cash payments, so if no payment is done in cash TDS is not required.

    .

    Q. Is 194IC applicable when paying rent to non-resident?

    A. No, this section is not applicable when paying any amount under joint development agreement to non- resident person.

    .

    Q. Is it mandatory to obtain tax deduction account number (TAN) to deduct TDS under Section 194IC?

    A. No, TAN is not required to deduct TDS under Section 194IC as PAN is used for filing of 26QC statement.

    .

    .

    .

    .

    .

    .

    .

    .

    .

    .

    .

    194IB

    Section194IB: TDS ON RENT OF IMMOVABLE PROPERTY

    1. What do you mean by TDS?

    TDS stands for Tax Deducted at Source. TDS is a kind of tax that is deducted by the payer before making certain payments like Salary, Rent, Commission, Interest, Royalty, Professional Fees etc. to the payee.

    TDS is required to be deducted at the source if the money to be paid and the money already paid exceeds a specified amount.

    The Payee can claim this tax deducted by the payer while paying his income tax liability for the year, and if the TDS deducted is more than the income tax liability of the assessee then he/ she will be entitled to a refund.

    The main purpose of introduction of TDS was to reduce the Tax evasion by the person receiving the income.

    Note: –

    Payer- A payer is a person or organization who is responsible for deducting TDS before paying the amount to Payee.

    Payee- A Payee is a person or organization who receives the payment from the payee after the TDS deduction.

    2. What is TDS under Section 194IB of Income Tax Act?

    Section 194IB of Income Tax Act, 1961 mandates that TDS to be deducted by the payer while making payments related to rent of immovable property to the payee.

    3. When is TDS to be deducted under Section 194IB?

    TDS is required to be deducted: –

    • At the time of actual payment of last month.

                Or

    • At the time of crediting the account of payee, whichever is earlier.

    Few examples of date of deduction are: –

    S.noDate of actual payment of last monthDate of crediting the party in books of accountsDate of TDS deduction
    1.30/04/202430/04/202430/04/2024
    2.30/04/202401/05/202430/04/2024
    3.01/05/202430/04/202430/04/2024
    4.01/05/202630/04/202430/04/2024

    4. Who is required to deducts TDS under Section 194IB?

    TDS is to be deducted by the Individual/ HUF (not covered u/s 194I) while making payments related to rent of immovable property to the payee (resident payee only).

    NOTE: –

    This section i.e. TDS on payments related to rent of immovable property is not applicable in case of non-resident payee.

    Example: –

    Q. Mr. Kunal a salaried individual pays rent of building Rs. 55,000 per month to Mr. Yogi from June 2024. Is he required to deduct TDS? Also, compute the amount of tax to deducted at source?

    Would your answer change if Mr. Kunal vacated the premises on 31st December 2024?

    A. Since Mr. Kunal pays rent exceeding Rs. 50,000 per month in the F.Y 2023-24, he is liable to deduct at a rate of 2%. Thus Rs. 11,000 (Rs. 55,000*2%*10) is to be deducted from rent payable for March.

    If Mr. Kunal vacated the premises in December, then tax of Rs. 7,700 to be deducted from rent payable for December 2024.

    In case Mr. Yogi does not submit his PAN, then TDS will be deducted @20% subject to last month’s rent.

    In our case if property is taken on rent during the whole year, then TDS would amount to Rs. 1,10,000 (55000*10*20%) but the same to be restricted to Rs. 55,000

    5. Rate of TDS under Section 194IB?

    The TDS rate under this Section is: –

    Sl no.Nature of paymentTDS if pan is availableTDS if pan not available
    1.Payment of rent of immovable property  2%  20%

    NOTE:

    In case the PAN & AADHAR of the seller is not linked then the TDS rate will be 20% instead of 1%.

    6. Exemption under Section 194IB?

    No TDS if: –

    • Rent is up to Rs. 50,000 per month or part of the month.

    7. Time limit for deposit of TDS under Section 194IB?

    The due date for deposit of TDS is as below: –

    Last month of rentDue Date
    AprilOn or before 30st May.
    MayOn or before 30th June.
    JuneOn or before 30st July.
    JulyOn or before 30st August.
    AugustOn or before 30th September.
    SeptemberOn or before 30st October.
    OctoberOn or before 30th November.
    NovemberOn or before 30st December.
    DecemberOn or before 30st January.
    JanuaryOn or before 02nd March.
    FebruaryOn or before 30th March.
    MarchOn or before 30th April.

    8. What is the due date for filing of TDS return under Section 194IB?

    TDS return must be filed only once at the end of each financial year.

    9. Type of TDS return & form to be issued?

    TDS under this section has to filed at year end through FORM 26QC and the deductor has to issue FORM 16C to the employee after filing of return within 15 days of filing return.

    10. Fees/ Penalties for Late/ Non- Filing of TDS u/s 194IB?

    Following penalties/fees will be levied if there is delay in TDS deduction or delay in deposit of TDS or non-filing of quarterly return.

    ParticularsPenalty
    TDS not deducted on time.1% per month or part of month.
    TDS deducted but not deposited before due date1.5% per month or part of month.
    TDS return not filedRs 200 per day for non- filing

    11. FREQUENTLY ASKED QUESTIONS?

    Q. What is the threshold limit for TDS under 194IB?

    A. The threshold limit for TDS under 194IB is Rs. 50,000 per month or part of month.

    Q. Is 194IB applicable when paying rent to non-resident?

    A. No, this section is not applicable when paying rent to non- resident person.

    Q. Is it mandatory to obtain tax deduction account number (TAN) to deduct TDS under Section 194IB?

    A. No, TAN is not required to deduct TDS under Section 194IB as PAN is used for filing of 26QC statement.

    Q. What is the benefit of reduction of TDS to 2%?

    A. The landlord will receive higher payout and will be able to use money throughout the year rather than waiting for a refund.

    Purple Gradient Business Plan Presentation

    Section 194IA: TDS ON TRANSFER OF IMMOVEABLE PROPERTY

    TDS U/S 194IA: TDS ON TRANSFER OF IMMOVEABLE PROPERTY

    .

    1.What do you mean by TDS?

    TDS stands for Tax Deducted at Source. TDS is a kind of tax that is deducted by the payer before making certain payments like Salary, Rent, Commission, Interest, Royalty, Professional Fees etc. to the payee.

    .

    TDS is required to be deducted at the source if the money to be paid and the money already paid exceeds a specified amount.

    .

    The Payee can claim this tax deducted by the payer while paying his income tax liability for the year, and if the TDS deducted is more than the income tax liability of the assessee then he/ she will be entitled to a refund.

    .

    The main purpose of introduction of TDS was to reduce the Tax evasion by the person receiving the income.

    .

    Note: –

    Payer- A payer is a person or organization who is responsible for deducting TDS before paying the amount to Payee.

    .

    Payee- A Payee is a person or organization who receives the payment from the payee after the TDS deduction.

    .

    2. What is TDS under Section 194IA of Income Tax Act?

    Section 194IA of Income Tax Act, 1961 mandates that TDS to be deducted by the buyer when purchasing immoveable property (other than rural agriculture land), be it residential or commercial from a resident person during the F.Y.

    .

    3.What do you mean by Rural Agriculture Land?

    A rural agricultural land is considered rural if:

     If located in any region under municipal control with a population fewer than 10,000 or,
     If located beyond the municipality’s boundaries, then at a distance measured –
    Greater than 2km from the municipality’s local boundaries and with a population of at least 10,000 but not more than one lakh people.
    Greater than 6km from the municipality’s local boundaries and with a population of more than 1,00,000 but not more than one million people.
    Is located more than 8Km outside the municipality’s border and is home to more than 10,00,000 people.

    .

    4.When is TDS to be deducted under Section 194IA?

    TDS is required to be deducted: –

     At the time of payment.

    Or

     At the time of crediting the account of payee, whichever is earlier.

    .

    Few examples of date of deduction are: –

    S.no

    Date of Payment

    Date of crediting the party in books of accounts

    Date of TDS deduction

    1.

    30/04/2024

    30/04/2024

    30/04/2024

    2.

    30/04/2024

    01/05/2024

    30/04/2024

    3.

    01/05/2024

    30/04/2024

    30/04/2024

    4.

    01/05/2026

    30/04/2024

    30/04/2024


    .

    5.Who is required to deducts TDS under Section 194IA?

    TDS is to be deducted by the buyer while purchasing immoveable property (other than rural agriculture land), be it residential or commercial from a residential seller if the value of the property (SDV or Consideration) exceeds Rs. 50,00,000.

    .

    NOTE: –

    This section i.e. TDS on payments related to transfer of immoveable property is not applicable if the seller is a non-resident person.

    .

    Example:

    Mr. Josh a resident of United States sold immoveable property to Mr. Mayank in India. Does the provision of Section 194IA applies?

    A.Section 194IA applies to resident individuals only, since Mr. Josh is a non-resident so the provision of Section 194IA does not apply to Mr. Josh and Mr. Mayank is not liable to deduct TDS under this section.

      

    .

    6.Rate of TDS under Section 194IA?

    The TDS rate under this Section is: –

    Sl no.

    Nature of payment

    TDS if pan is available

    TDS if pan not available

    1.

    Payment of transfer of immoveable property

    .

    1%

    .

    20%

    NOTE:

    In case the PAN & AADHAR of the seller is not linked then the TDS rate will be 20% instead of 1%.

    .

    7.Exemption under Section 194IA?

    No TDS if: –

     The value of consideration (SDV or Consideration) is less than Rs. 50,00,000.
     Compulsory acquisition of immoveable property.
     Transfer of rural agricultural land.

    .

    8.Time limit for deposit of TDS under Section 194IA?

    The due date for deposit of TDS is as below: –

    Month

    Due Date

    April

    On or before 31st May.

    May

    On or before 30th June.

    June

    On or before 31st July.

    July

    On or before 31st August.

    August

    On or before 30th September.

    September

    On or before 31st October.

    October

    On or before 30th November.

    November

    On or before 31st December.

    December

    On or before 31st January.

    January

    On or before 28th February.

    February

    On or before 31st March.

    March

    On or before 30th April.

    .

    9.What is the due date for filing of TDS return under Section 194IA?

    TDS is to be deposited monthly on the dates mentioned above also the statement of TDS has to be filed monthly as follows: –

    Quarter

    Period

    Due date (TDS filing)

    1St quarter

    April-June

    31st July.

    2nd quarter

    July-September

    31st October.

    3rd quarter

    October- December

    31st January.

    4th quarter

    January- March

    31st May.

    .

    10.Type of TDS return & form to be issued?

    TDS under this section has to filed monthly through FORM 26QB and the deductor has to issue FORM 16B to the employee after filing of return within 15 days of filing return.

    .

    11.Fees/ Penalties for Late/ Non- Filing of TDS u/s 194IA?

    Following penalties/fees will be levied if there is delay in TDS deduction or delay in deposit of TDS or non-filing of quarterly return.

    Particulars

    Penalty

    TDS not deducted on time.

    1% per month or part of month.

    TDS deducted but not deposited before due date

    1.5% per month or part of month.

    Additional penalties

    Up to Rs. 1,00,000 for non-filing or errors in TDS statement

    .

    FREQUENTLY ASKED QUESTIONS?

    .

    Q. What is the threshold limit for TDS under 194IA?

    A. The threshold limit for TDS under 194IA is Rs. 50,00,000.

    .

    Q. What do you mean by consideration under 194IA?

    A. Consideration for transfer of immoveable property includes club membership fees, car parking fees, maintenance fees, advance fees, or any other similar charges incidental to transfer of immoveable property.

    .

    Q. Is 194IA applicable when purchasing immoveable property from non-resident?

    A. No, this section is not applicable while purchasing immoveable property from non-resident persons.

    .

    Q. Are all agricultural land exempt from provision of 194IA?

    A. No, only rural agricultural land is exempt from the provision of 194IA, urban agricultural land will attract TDS under the provisions of Section 194IA.

    .

    Q. Is it mandatory to obtain tax deduction account number (TAN) to deduct TDS under Section 194IA?

    A. No, TAN is not required to deduct TDS under Section 194IA as PAN is used for filing of 26QB statement.

    .

    Q. What do you mean by SDV?

    A. It means the value adopted or assessed by any authority of a state government for the purpose of payment of stamp duty.

    .

    .

    .

    .

    .

    .

    .

    .

    .

    .

    Brown and White Minimal Modern Real Estate Presentation

    Section 194I : TDS ON RENT

    TDS U/S 194I: TDS ON RENT

    .

    1.What do you mean by TDS?

    TDS stands for Tax Deducted at Source. TDS is a kind of tax that is deducted by the payer before making certain payments like Salary, Rent, Commission, Interest, Royalty, Professional Fees etc. to the payee.

    .

    TDS is required to be deducted at the source if the money to be paid and the money already paid exceeds a specified amount.

    .

    The Payee can claim this tax deducted by the payer while paying his income tax liability for the year, and if the TDS deducted is more than the income tax liability of the assessee then he/ she will be entitled to a refund.

    .

    The main purpose of introduction of TDS was to reduce the Tax evasion by the person receiving the income.

    .

    Note: –

    Payer- A payer is a person or organization who is responsible for deducting TDS before paying the amount to Payee.

    .

    Payee- A Payee is a person or organization who receives the payment from the payee after the TDS deduction. .

    2. What is TDS under Section 194I of Income Tax Act?

    Section 194I of Income Tax Act, 1961 mandates that TDS to be deducted by the payer while making payments related to rent of plant & machinery, equipment’s, building, furniture & land to resident person.

    .

    3.When is TDS to be deducted under Section 194I?

    TDS is required to be deducted: –

     At the time of payment.

    Or

     At the time of crediting the account of payee, whichever is earlier.

    .

    Few examples of date of deduction are: –

    S.no

    Date of Payment

    Date of crediting the party in books of accounts

    Date of TDS deduction

    1.

    30/04/2024

    30/04/2024

    30/04/2024

    2.

    30/04/2024

    01/05/2024

    30/04/2024

    3.

    01/05/2024

    30/04/2024

    30/04/2024

    4.

    01/05/2026

    30/04/2024

    30/04/2024

    .


    .

    4.Who is required to deducts TDS under Section 194I?

    Any person other than Individuals and HUF (Individuals and HUF required to deduct TDS, if last year turnover is more than Rs. 1 crore in case of business or gross receipts more than Rs. 50 lakhs in case of profession.) are required to deduct TDS while making payments related to rent of plant & machinery, equipment’s, building, furniture & land to resident person.

    .

    NOTE: –

    This section i.e. TDS on payments related to rent of plant & machinery, equipment’s, building, furniture & land to resident person is not applicable while making such payments to non-resident.

    Example:

    Q. Mr. Anand is a sole proprietor whose turnover exceeds Rs. 2 crores during the A.Y 2024-25. He pays a monthly rent of Rs 15,000 for office rent to Mr. R, besides that he also pays service charge of Rs. 6,000 to Mr. R for the use of furniture & fixture? What is the TDS implication on Mr. Anand.

    A. Mr. Anand is liable to deduct TDS u/s 194I in case the rent paid (includes rent payment by whatever name called, for the use of land or building together with furniture, fittings etc.) to a resident person is more than Rs. 2,40,000 is a F.Y.

    In the give case total rent paid during the year is Rs. 2,52,000 (21000*12) which is more than Rs. 2,40,000 so he is liable to deduct TDS u/s 194I @ 10%.

    .

    5.Rate of TDS under Section 194I?

    The TDS rate under this Section is: –

    Sl no.

    Nature of payment

    TDS if pan is available

    TDS if pan not available

    1.

    Payment relating to P&M, equipment

    .

    2%

    .

    20%

    2.

    Payment relating to Land, building & Furniture

    .

    10%

    .

    20%

    .

    .

    6.Exemption under Section 194I?

    No TDS if: –

     The Rent is upto Rs. 2,40,000 to a person in a F.Y
     If the deposits are refundable, however if the deposits are non-refundable then it will attract TDS.
     Payment is in the nature of lease rent, made by a lessee to lessor (being a unit located in an IFSC), for lease of an aircraft for 10 AY’s.

    .

    7.Time limit for deposit of TDS under Section 194I?

    The due date for deposit of TDS is as below: –

    Month

    Due Date

    April

    On or before 7th May.

    May

    On or before 7th June.

    June

    On or before 7th July.

    July

    On or before 7th August.

    August

    On or before 7th September.

    September

    On or before 7th October.

    October

    On or before 7th November.

    November

    On or before 7th December.

    December

    On or before 7th January.

    January

    On or before 7th February.

    February

    On or before 7th March.

    March

    On or before 30th April.

    .

    8.What is the due date for filing of TDS return under Section 194I?

    TDS is to be deposited monthly on the dates mentioned above but the return is to be filed quarterly on or before the below mentioned dates: –

    Quarter

    Period

    Due date (TDS filing)

    1St quarter

    April-June

    31st July.

    2nd quarter

    July-September

    31st October.

    3rd quarter

    October- December

    31st January.

    4th quarter

    January- March

    31st May.

    .

    9.Type of TDS return & form to be issued?

    TDS under this section has to filed quarterly through FORM 26Q and the deductor has to issue FORM 16A to the employee after filing of return.

    .

    10.Fees/ Penalties for Late/ Non- Filing of TDS u/s 194I?

    Following penalties/fees will be levied if there is delay in TDS deduction or delay in deposit of TDS or non-filing of quarterly return.

    Particulars

    Penalty

    TDS not deducted on time.

    1% per month or part of month.

    TDS deducted but not deposited before due date

    1.5% per month or part of month.

    TDS return not file on or before due date

    200 per day maximum till TDS amount.

    .

    FREQUENTLY ASKED QUESTIONS?

    .

    Q. What is the threshold limit for TDS under 194I?

    A. The threshold limit for TDS under 194I is Rs. 2,40,000.

    .

    Q. Are warehousing charges subject to TDS u/s 194I?

    A. Yes, warehousing charges are subject to TDS u/s 194I.

    .

    Q. Is it necessary that payee must be the owner of the above-mentioned assets?

    A. No, it is not necessary that payee must be the owner of the above-mentioned assets to receive rent and liable under Section 194I.

    .

    Q. Is TDS u/s 194I applicable in case of deposit in relation to rent?

    A. In case the deposits are refundable, so no TDS is to be deducted by the payer and in case the deposits are non-refundable then it is subject to TDS under 194I.

    .

    Q. Is advance rent subject to TDS u/s 194I?

    A. Yes, advance rent is subject to TDS u/s 194I.

    .

    Q. Would the rent exemption limit of Rs. 2,40,000 under section 194I would apply separately to each co-owner of a property?

    A. In case there are co-owners in a property and each person have a definite and ascertainable share in the property, then the limit of Rs. 2,40,000 will apply to each co-owner separately.

    .

    Q. Will tax be deducted from the GST added in the rent?

    A. No, GST is not considered as an income of the landlord, so it must be reduced from rent paid while deducting the TDS.

    .

    Q. Does rent include payment made to a hotel for rooms hired during the year?

    A. Yes, TDS u/s 194I will be applicable for hiring hotel rooms regularly.

    .

    .

    .

    .

    .

    .

    .

    .

    Purple and Yellow Neon Modern Simpl Grid Geometric Digital Marketing Presentation

    Section 194H : TDS ON COMMISSION AND BROKERAGE

    TDS U/S 194H: TDS ON COMMISSION AND BROKERAGE

    .

    1.What do you mean by TDS?

    TDS stands for Tax Deducted at Source. TDS is a kind of tax that is deducted by the payer before making certain payments like Salary, Rent, Commission, Interest, Royalty, Professional Fees etc. to the payee.

    .

    TDS is required to be deducted at the source if the money to be paid and the money already paid exceeds a specified amount.

    .

    The Payee can claim this tax deducted by the payer while paying his income tax liability for the year, and if the TDS deducted is more than the income tax liability of the assessee then he/ she will be entitled to a refund.

    .

    The main purpose of introduction of TDS was to reduce the Tax evasion by the person receiving the income.

    .

    Note: –

    Payer- A payer is a person or organization who is responsible for deducting TDS before paying the amount to Payee.

    .

    Payee- A Payee is a person or organization who receives the payment from the payee after the TDS deduction.

    .

    2. What is TDS under Section 194H of Income Tax Act?

    Section 194H of Income Tax Act, 1961 mandates that TDS to be deducted by the payer while making any commission or brokerage payment to resident person.

    .

    3.When is TDS to be deducted under Section 194H?

    TDS is required to be deducted: –

     At the time of payment.

    Or

     At the time of crediting the account of payee, whichever is earlier.

    Few examples of date of deduction are: –

    S.no

    Date of Payment

    Date of crediting the party in books of accounts

    Date of TDS deduction

    1.

    30/04/2024

    30/04/2024

    30/04/2024

    2.

    30/04/2024

    01/05/2024

    30/04/2024

    3.

    01/05/2024

    30/04/2024

    30/04/2024

    4.

    01/05/2026

    30/04/2024

    30/04/2024


    .

    4.Who is required to deducts TDS under Section 194H?

    Any person other than Individuals and HUF (Individuals and HUF required to deduct TDS, if last year turnover is more than Rs. 1 crore in case of business or gross receipts more than Rs. 50 lakhs in case of profession.) are required to deduct TDS while making commission or brokerage payment to resident person.

    .

    NOTE: –

    This section i.e. TDS on payments relating to commission or brokerage is not applicable while making such payments to non-resident.

    Example:

    Q. DEHP Ltd. a public sector bank in India, paid Rs. 20 crores to M/S NFGS Ltd. an organization that provides ATM network to the banks as commission for facilitating ATM credit/ debit cards? Whether TDS u/s 194H applies on such transactions?

    A. The relationship between DEHP Ltd. a public sector bank, and M/S NFGS Ltd. is not of an agency but of two independent parties on principal-to-principal basis. Therefore, TDS provisions u/s 194H would not be attracted on commission made by DEHP Ltd.

    .  

    .

    5.Rate of TDS under Section 194H?

    The TDS rate under this Section is: –

    Sl no.

    Nature of payment

    TDS if pan is available

    TDS if pan not available

    1.

    Payment to any person including non – resident.

    .

    5%*

    .

    20%

    .NOTE: –

    It is to be noted that effective 1st October 2024 the TDS rates for payment of commission on sale of lottery tickets to any person will be reduced to 2% from 5%.

    .

    6.Exemption under Section 194H?

    No TDS if: –

     The commission paid does not exceeds Rs. 15,000.
     Self-declaration provided under form 15G/ 15H.
     Payments by BSNL or MTNL to their public call office franchises.
     Commission or brokerage related to security like commission to underwriter, brokerage on public issue etc.

    .

    7.Time limit for deposit of TDS under Section 194H?

    The due date for deposit of TDS is as below: –

    Month

    Due Date

    April

    On or before 7th May.

    May

    On or before 7th June.

    June

    On or before 7th July.

    July

    On or before 7th August.

    August

    On or before 7th September.

    September

    On or before 7th October.

    October

    On or before 7th November.

    November

    On or before 7th December.

    December

    On or before 7th January.

    January

    On or before 7th February.

    February

    On or before 7th March.

    March

    On or before 30th April.

    .

    8.What is the due date for filing of TDS return under Section 194H?

    TDS is to be deposited monthly on the dates mentioned above but the return is to be filed quarterly on or before the below mentioned dates: –

    Quarter

    Period

    Due date (TDS filing)

    1St quarter

    April-June

    31st July.

    2nd quarter

    July-September

    31st October.

    3rd quarter

    October- December

    31st January.

    4th quarter

    January- March

    31st May.

    .

    9.Type of TDS return & form to be issued?

    TDS under this section has to filed quarterly through FORM 26Q and the deductor has to issue FORM 16A to the employee after filing of return.

    .

    10.Fees/ Penalties for Late/ Non- Filing of TDS u/s 194H?

    Following penalties/fees will be levied if there is delay in TDS deduction or delay in deposit of TDS or non-filing of quarterly return.

    Particulars

    Penalty

    TDS not deducted on time.

    1% per month or part of month.

    TDS deducted but not deposited before due date

    1.5% per month or part of month.

    TDS return not file on or before due date

    200 per day maximum till TDS amount.

    .

    FREQUENTLY ASKED QUESTIONS?

    .

    Q. What is the threshold limit for TDS under 194H?

    A. The threshold limit for TDS under 194H is Rs. 15,000.

    .

    Q. Stamps taken by stamp vendors at lower price from court attracts TDS u/s 194H?

    A. NO, stamp vendors take stamps from court at lower value and give it to people at the value engraved in the stamp. It was held by the court that such margin does not amount to commission, but it is in the nature of discount given to them by courts as stamp vendors deal on principal-to-principal basis.

    .

    Q. Does this applies to primary commission given by Airline company to travel agents, or does it apply to both primary as well as secondary?

    A. It applies to both primary and supplementary commissions given by Airline company to travel agents.

    We can understand by following example: –

    Base Fare (Max Fare) for Indigo

    Net Fare (Set by the airline)

    Actual Fare (Set by the travel agent)

    MMT

    Standard Commission

    (7% of the base fare)

    Supplementary Commission (Actual fare- Net Fair)

    Rs. 1,00,000

    Rs. 60,000

    Rs. 80,000

    Rs. 1,00,000 * 7% = Rs. 7,000

    Rs. 80,000 – Rs. 60,000 = Rs. 20,000

    Selling Price

    Income of the Indigo

    Rs. 20,000 left after payment to Indigo

    Income of MMT

    Additional income of MMT

    In the above case, TDS u/s 194H is required to be deducted on standard commission of Rs. 7,000 and supplementary commission of Rs. 20,000 i.e. total 2% to be deducted on Rs. 27,000.

    .

    Q. At what amount TDS is to be deducted at gross amount or net amount?

    A. TDS should be deducted at the amount after deduction of all taxes like Gst.

    .

    .