TDS (TAX DEDUCTED AT SOURCE)
TDS stands for Tax Deducted at Source, which is a method of collecting income tax from the source of income. The payer of income deducts a certain percentage of tax before making the payment to the payee and deposits it with the government on behalf of the payee. The payee can claim credit for the tax deducted while filing their income tax return. TDS ensures that tax is collected in advance and prevents tax evasion. TDS is applicable to various types of income, such as salary, interest, rent, commission, etc.
Form 24Q – Statement for TDS from Salaries
At the time of paying a salary to an employee, the employer deducts TDS u/s 192. The employer has to file a salary TDS return on Form 24Q. 24Q is to be submitted on a quarterly basis. Details of salaries paid to the employees and TDS deducted on such payments are to be reported in 24Q.
24 Q Comprises Of Annexure 1 And Annexure 2
Annexure 1 show deductee wise break up of TDS against each particular challan.
Annexure II consists of a total breakup of the salary, any deductions to be claimed by the employee, his income from other sources, house property, and the overall tax liability as calculated.
Details of the challan:
Details of the deductee :
Employee reference number (if available)
PAN of the employee
Name of the employee
TDS Section Code
Date of payment/ credit
Amount paid or credited
TDS amount
Education Cess
Interest/ Penalty
If TDS is not deducted – 1% per month from the due date of deduction to the actual date of deduction,
If TDS is not deposited – 1.5% per month from the actual date of deduction to the actual date of payment
Late Filing Fees: Under Section 234E, a fine of Rs. 200 per day is to be paid until the return is filed. This amount has to be paid for each day until the total fine becomes equal to the TDS amount.
The penalty under 271H – In addition to fees to be paid under 234E, AO may charge a penalty of minimum Rs. 10,000 and maximum Rs. 1,00,000.
Form 26Q – Statement for TDS From all Payments Other Than Salaries
At the time of paying the payee, the payer has to deduct TDS on certain occasions. This payment is other than a salary, and the payer has to file a TDS return in Form 26Q. 26Q is to be submitted on a quarterly basis.
The total amount paid during the quarter and the TDS amount deducted on such payments have to be reported in 26Q.
Documents details
Challan details (BSR code, date of payment, total amount, etc.)
Details of the deductor and deductee are to be mentioned.
If the deductor hasn’t either deducted TDS or deducted it at a lower rate, reasons are also to be mentioned in the form.
Remember these points
Verify all the PAN numbers.
Verify the challans and try to match them through OLTAS or NSDL.
A signed Form-27A is to be filed with the TDS return.
Sections covered in 26Q
193 – Interest on Securities
194 – Dividend
194A – Interest other than Interest on Securities
194B – Winnings from lotteries and crossword puzzles
194BB – Winnings from the horse race
194C – Payment of contractors and subcontractors
194D – Insurance Commission
194DA – Maturity of life insurance policy
194EE – Payment in respect of deposits under the national savings scheme
194F – Payments on account of the repurchase of units by mutual funds or UTI 94F
194G – Commission, prize, etc., on sale of lottery tickets
194H – Commission or Brokerage
194I(a)- Rent
194I(b)- Rent
194J – Fees for Professional or Technical Services
194K – Income in respect of units
194LA – Payment of Compensation on Acquisition of Certain Immovable Property
194LBA – Certain income from units of a business trust
194LBB – Income in respect of units of investment fund
194LBC – Income in respect of investment in securitization trust
194N – Payment of certain amounts in cash
194O – Payment of certain sums by an e-commerce operator to an e-commerce participant
197A – Details of payment where there is no deduction of tax in certain cases
Interest/ Penalty
Verify all the PAN numbers.
Verify the challans and try to match them through OLTAS or NSDL.
A signed Form-27A is to be filed with the TDS return.
TDS Form 27Q Statement from Extra Income to NRIs (Foreigners)
Every deductor who makes a payment of a specific nature to a non-resident Indian is required to deduct TDS from such payment at the prescribed rate. The following are the nature of payments covered in Form 27Q:
Payments to non-resident sportsmen and sport associations
Other sums payable to non-residents
Income of foreign institutional investors from securities
Income in respect of units of non-residents
Income by way of interest on individual bonds and government securities
Payments in respect of units to an offshore fund
Income by way of interest from the infrastructure debt fund
Income from Foreign Currency Bonds or Shares of an Indian Company Payable to Non-Resident
Income by way of interest from an Indian company engaged in a specific business
Payment of the accumulated balance of the provident fund, taxable in the hands of the employee
investment fund paying an income to a unit holder
Income in respect of investment in the securitization trust
Form 27EQ: Statement for TCS (Tax Collected at Source)
Form 27EQ contains all details pertaining to tax that is collected at source. According to Section 206C of the Income Tax Act 1961, this form must be filed every quarter. The form has to be submitted by both corporate and government collectors and deductors.
Form 27 EQ specifies the tax that has been collected at source and deducted by the payer.
The form falls under Section 206 of the Income Tax Act.
The form is collected on a quarterly basis.
An individual’s TAN details have to be mentioned in the form.
It is mandatory for a government employer to mention "PANNOTREQD" in the form.
Similarly, a non-government employer has to mention the PAN details in the form.
Section 1 is for the deductor, where he or she has to enter the following details:
TAN Details
PAN Details
The financial year
The assessment year
If a statement has already been filed for the quarter in question,
If a statement has been filed, then the provisional receipt number of the original statement will be required.
Section 2 is for the collector, where he or she has to enter the following details and information:
The collector’s name
The collector’s branch or division, if applicable
The collector’s personal details like residential address, phone number, and email ID
Section 3 is for the person who is in charge of collecting the tax.
The individual’s name
The individual’s full address
Section 4 Tax collected at source document (TCS)
Collection code
The amount of tax collected at source (TCS)
The surcharge amount
Amount of education cess
The amount of interest that has been levied
Any other amount
The total tax deposit amount, which is the sum of the aforementioned amounts,
Cheque number or Demand Draught number, if applicable
The BSR code
The date on which the tax amount was deposited
The number mentioned in the transfer voucher or the challan serial number
If the tax collected at source has been deposited via book entry
Section 1 is for the deductor, where he or she has to enter the following details:
Category 1
Every person, being a seller, shall, at the time of debiting the amount payable by the buyer to the account of the buyer or at the time of receipt of such amount from the said buyer, whichever is earlier, collect from the buyer any goods of the nature specified.
Nature of Goods Rate (in %)
Alcoholic liquor for human consumption -1%
Tendu leaves -5%
Timber obtained under a forest lease -2.5%
Timber obtained by any method other than a forest lease -2.5%
Any other forest produce that is not timber or tendu leaves -2.5%
Scrap -1%
Coal, lignite, or iron ore
Category 2
Every person, who grants a leaseor a licence or enters into a contract or otherwise transfers any right or interest either in whole or in partin any parking lot or toll plaza or mine or quarry, to another person, other than a public sector company (hereafter in this section referred to as "licensee or lessee" ) for the use of such parking lot or toll plaza or mine or quarry for the purpose of business shall, at the time of debiting the amount payable by the licensee or lessee to the account of the licensee or lessee or at the time of receipt of such amount from the licensee or lessee, whichever is earlier, collect from the licensee or lessee of any such licence, contract or lease of the nature specified
Nature of contract or licence or lease, etc. Rate (in%)
Parking lot -2%
Toll plaza -2%
Mining and Quarrying -2%
Category 3
Every person, being a seller, who receives any amount as consideration for the sale of a motor vehicle of a value exceeding Rs. 10,00,000 shall, at the time of receipt of such an amount, collect from the buyer, a sum equal to 1% of the sale consideration as income-tax.
Category-4
Every person, being an authorised dealer, shall collect tax at the following rates from the remittance made out of India under the Liberalised Remittance Scheme of the RBI:
a) At the rate of 0.5%, where the amount being remitted is towards repayment of a loan that is obtained from a banking company (including any bank or banking institution) or any other financial institution notified by the Central Government under Section 80E, for the purpose of pursuing any education. If the buyer does not furnish his PAN, the tax shall be collected at the rate of 5% in accordance with Section 206CC;
b) Where the amount is remitted for any other purpose, the tax shall be collected at the rate of 5% if the buyer has furnished his PAN; otherwise, the tax shall be collected at the rate of 10% in accordance with Section 206CC.
Category-5
Every person, being a seller of an overseas tour programme package, shall collect tax at the rate of 5% if the buyer has furnished his PAN; otherwise, tax shall be collected at the rate of 10% in accordance with Section 206CC.
Category-6
Every person, being a seller, who receives any amount as consideration for the sale of any goods, shall collect tax at the rate of 0.1% if the aggregate value of such sales in any previous year exceeds Rs. 50 lakhs.
Collection of Tax at a Higher Rate for Non-Filers of Return
The Finance Act, 2021, has inserted a new Section 206CC for the collection of tax at a higher rate if the collectee fails to furnish a return for a specified period. This provision shall apply and the tax shall be collected at the higher rates prescribed under this provision if the following conditions are satisfied:
a)The collectee has not furnished the return of income for the assessment years relevant to the previous years immediately prior to the previous year in which tax is required to be collected;
b)The due date to file such a return of income, as prescribed under Section 139(1A), has expired; and
c)The aggregate amount of tax deducted and collected at source was Rs. 50,000 or more in the previous year.
The tax shall be collected at the higher of the following rates:
(a) Twice the rate specified in the relevant provision of the Act; or
(b) 5%.
Note 1:
The provisions of Section 206CCA don’t apply to a non-resident who does not have a PE in India.
Note 2:
If both the provisions of Section 206CC and Section 206CCA are applicable, that is, if the collectee has neither furnished his PAN to the collector nor furnished his return of income for the specified period, the tax shall be collected at the rates provided in Section 206CC or Section 206CCA, whichever is higher.