Section 199 with Rule 37BA: Credit for Tax Deducted at Source (TDS)

1. Fundamental Principle TDS Credit Mechanism: Any tax deducted at source (TDS) is treated as: Payment of taxon behalf of the recipient Eligible for creditagainst final tax liability Adjustable in the yearthe income is taxable (may differ from deduction year) 2. Normal Rule (Section 199) Standard Credit: TDS credit is given in the financial year

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Section 200: Duty of Person Deducting Tax (TDS Compliance Obligations)

1. Primary Responsibilities of Deductor Tax Deduction at Source: Must deduct correct % as per Income Tax Act Must deduct at the time of payment/credit(whichever is earlier) No deduction required if payee submits valid lower/NIL deduction certificate (u/s 197) Deposit to Government: Deposit TDS amount by 7th of next month(except March: due by 30th April) Late payment attracts 5%

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Section 200(3): Requirement to File TDS Statements

1. Mandatory E-Filing Requirement All tax deductorsmust electronically file quarterly TDS statements Applies to: Corporate deductors Non-corporate deductors (if required to audit accounts u/s 44AB) Government offices 2. Statement Due Dates QUARTER PERIOD COVERED DUE DATE Q1 April-June 31st July Q2 July-September 31st October Q3 October-December 31st January Q4 January-March 31st May 3. Required Forms

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Section 200A: Processing of TDS Statements

1. Automated Processing by CPC-TDS Centralized Processing Center (CPC-TDS)processes all TDS returns Auto-validationof statements filed under Sections 200(3)/206C(3) Key validations: TAN-PAN matching Challan verification Rate vs amount consistency checks 2. Processing Stages STAGE ACTION TIMELINE 1. Initial Validation Syntax and format checks Immediate 2. Data Matching Cross-verification with: • Bank records • PAN database •

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Section 201: Consequences of Failure to Deduct or Pay TDS

1. Legal Status of Default Deductor becomes “Assessee in Default”for: Failure to deduct TDS or Failure to deposit deducted TDS 2. Financial Penalties A.  For Non-Deduction COMPONENT CALCULATION Principal Amount Equal to TDS not deducted Interest 1% per month from due date of deduction to actual deduction date B.  For Non-Payment After Deduction COMPONENT CALCULATION Principal Amount

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Certificate for Tax Deducted at Source (TDS) – Section 203 & Rule 31

1. Legal Basis for TDS Certificates Section 203of the Income Tax Act, 1961 mandates that every deductor must issue a TDS certificate to the deductee. Rule 31of the Income Tax Rules, 1962 prescribes the format, timelines, and details required in these certificates. 2. Types of TDS Certificates FORM NO. APPLICABLE FOR DUE DATE Form 16 Salaries (Section 192) 31st

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Tax Deduction and Collection Account Number (TAN) – Section 203A & Rule 114A

1. Legal Basis and Purpose Section 203Amandates obtaining a 10-digit alphanumeric TAN for entities deducting/collecting tax. Rule 114Agoverns the application process, replacing the redundant Rule 114AA (w.e.f. 8-12-2004). 2. Application Process Form 49B: Primary application form (online/offline). Online: Via NSDL TIN portal. Offline: Submit duplicate copies to TIN-FC centers. New Companies: Can apply via Form INC-7during registration (e-Biz portal).

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Section 204: Definition of “Person Responsible for Paying” (TDS Obligations)

1. Legal Definition Primary Responsibility: The person legally obligated to deduct TCS/TDS under the Income Tax Act. Includes: Employers(for salaries) Banks/NBFCs(for interest payments) Clients(for contractor/professional fees) Tenants(for property rent) Buyers(for property/asset purchases) 2. Hierarchy of Responsibility SCENARIO RESPONSIBLE PERSON Corporate Payments Principal Officer (MD, CEO, CFO) Government Payments Drawing & Disbursing Officer (DDO) HUF/Partnership Karta/Managing

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Section 205: Bar Against Direct Demand on Assessee When TDS is Deducted

1. Core Principle (Tax Credit Mechanism) Shield for Taxpayers: When tax has been duly deducted at source (TDS)and deposited to the government, the Income Tax Department cannot demand the same tax again from the recipient (assessee). Objective: Prevents double taxationon the same income. 2. Conditions for Protection For Section 205 to apply: TDS must be correctly deductedas per applicable rates.

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