Declaration to be obtained on the letter head of the transport contractor in case of nondeduction of tax at source u s 194c 6 of the income tax act, 1961. The present article features the tds provisions contained under section 194j of the income tax act, 1961 relating to the tds deduction on fees for professional or technical services. Income tax act relating to tax deduction at source tds. First of all the itr form you need to file is itr 4 itr 4s. Whether section 194c would cover payments made by a company to a share registrar. Section 194j tds on fees for professional or technical. In the case before the supreme court, the matter concerned with tds u s 194c or 194i read with section 2011a, the controversy arose due to the fact that tax deductor deducted tax considering the payee of warehousing charges as a payment to contractor and therefore, tax was deducted u s 194c which is at a lower rate as compared to tax deductible u s 194i if. Tds will be deducted at the rate of 1% or 2% as the case may be. Every deductor deducting tds in terms of section 194c is required to file a quarterly return in form 26q. Every person, except an individual or a huf, making payment to a resident for notified services is covered under section 194j of the income tax act. Advance learning on tds under section 194i and 194c. The late fee cannot exceed the amount of tds deductible. New section 194lc about tds on interest from indian company.
This section 194lc is about income by way of interest from indian company. The full section rules and the rate of tds is as below. Four imp t d s section s no it section threshold limit tds rate 1 section 192 as per prevailing income slab as per prevailing income slab 2 section 194c rs. Tds under section 194c is required to deducted on payment to resident. Form 16b will be available for download from the website of centralized processing cell of tds cpc tds. In any case, it is contended by the pta that even if the passenger service launch was considered as the machinery or plant or equipment, the. It is required to be furnished every quarter just like form 24q for salary payments and form 26q for non salary payments. The assessee contended that it was a case u s 194c 2 since part of work was assigned to others. Also it is not covered in the definition of work as given in the explanation of the section 194c as i produced above. Tds on payment to contractor or subcontractor section 194c. The cbdt amends rules relating to tds on rent us 194ib. The payment will, however, be subject to tds under section 194j of the act. Under the 194i, the tds will be charged if the business centre is on rent. The finance bill 2015 26 of 2015 of budget 201516 has amended section 194c 6 related to deduction of tax at source on payments made to a transporter.
Sample declaration us 194c6 for nondeduction of tax at. Whether tds u s 194j deductible on payment made for purchase of course or study material. While applying the relevant provision of tds on a contract for content production, a distinction is required to be made between i a payment for production of content programme as per the specifications of the broadcaster telecaster and ii a payment for. Transporter declaration format 194c6payment without tds. Payments to contractors and subcontractors section 194c. Usually pan of the party is mentioned on the invoice. This proof is essential to the deductee to claim the credit of tax in his income tax returns. It is an indirect way of collecting income tax at source by the government of india. U s 203 of income tax act, any person deducting the tax as per the provisions of. The penalty under this section is in addition to the penalty u s 234e and also covers the cases of incorrect filing of tds return. Section 194c cleartds guide on tds on payment to contractor. Tcs tax challan single copy to be sent to the zao challan no. In view of answer to the earlier question, such payments will not be liable for tax deduction at source under section 194c. The tds rate on income depends on the salary of an individual and based on that it ranges between 10% to 30%.
Pan details to the income tax department in the prescribed format. Tds on payment to nonresident sportsmen or sports associations or nonresident entertainer section 194e 10. Also to note that any tds paid by an employer to the employee meant to be reimbursed than there is no provision for tds applicability. Section 194j tds on professional services or technical. Tds section 194ia objectives, concepts, rate of tds. Tax deduction at source tds is a means of collecting tax on income, dividends or asset sales, by requiring the payer or legal intermediary to deduct tax due before paying the balance to the payee and the tax to the revenue authority in india, under the indian income tax act of 1961, income tax must be deducted at source as per the provisions of the income tax act, 1961. What is section 194c, when tds under section 194c need to be deducted, faqs on section 194c. Work has been defined in section 194c of the act to mean payments for. Tds on payment to contractors or subcontracors section 194c 7. Thus, following two situations are covered under sec.
If there is delay in filing form 26qb, late fee of rs. Particulars to be furnished by the contractor under the third proviso to clause i of subsection 3 of section 194c for the financial yearassessment year place date signature of the person responsible for creditingpaying any sum to the subcontractor. Tds is to be made at the time of credit or payment whichever is earlier tds is to be. Hope this article helped you to understand the applicability of section 194c. I will recommend you to file itr 4s in which you will calculate tax on the total turnover as mentioned in 16a 26as for example if i take rs. As per the amended section tds shall be deducted unless the transporter who is engaged in the business of playing, hiring or leasing goods carriage owns not more than goods carriages and. Deduction of tax at source from payment to resident contr. File your tds returns with taxmann s one solution tds software. Many times assesse gets notice for short deduction under section 194 c. From sept 1, individuals must deduct tds on payments to.
The person deducting the tds on payment to contractor is also required to issue form 16a form 16b at the end of the year for the. Ms word format transporter declarationundertaking section 194c6 owning ten or less goods carriage for payments without tds. Under the following circumstances, tds is not required to be deducted 1. Obviously, reimbursements cannot be deducted out of the bill amount for the purpose of tax deduction at source. In finance act, there is a new section 194lc of income tax act is included in income tax provision. So in the light of circular no 681 and 2006 it is the contract for sale. Assessing officer may direct a person who fails to file the statement of tds within due date to pay a penalty minimum of rs. It was pointed out that the earlier decision in case of associated cement co has been misunderstood by the cbdt. Tds section 194ia objectives, concepts, rate of tds, find complete details related tds u s 194ia like objective of tds u s 194ia, concept of tds u s 194ia, various definitions, analysis of section 194ia, rate of tds, interest u s 194ia, penalty u s 194i etc. The aggregate amount paid or credited during the financial year doesnt exceed inr 1,00,000. The tds rates to be applicable on income for the current year is updated in the tds rates chart for fy 202021.
Not filing the tds statement within one year from the specified date within which he was supposed to file the statement. Conclusion with this addition to the act, reporting all deductions w. The relevant tds tax code should be maintained in vendor master. From 1 april 2019 office rent godown rentguesthouse rent. Every person responsible for deduction of tax at source shall file quarterly. Tds certificate is a proof that deductor has deducted the tax and paid the same to the government. Tds on payment to contractor under section 194c chartered club. The cheques for the rent for the months june 2017 to september 2017 have been issued from wife s bank account. Prabhu construction can be styled as contractors, it is obvious that the provisions of section 194c of the it act were not attracted. They, therefore contend that such contract payments are payments u s 194c and hence the appropriate rate of tds is not 1520% 10% as per finance bill, 2007 u s 194i but 2% u s 194c.
Penalty for late filing or non filing or furnishing incorrect information of tds statement as per section 271h. The amount paid or credited to the contractor in a single contract doesnt exceed inr 30,000. Introduction of tds u s 194ia the real estate sector in india is one of the largest drivers of the country s. In the present case, since neither the assessee nor m s. So far as the revenue is concerned, sums aggregating to rs. P gupta september 29th, 2017 wife is the first holder and husband is the joint holder for a flat taken on rent.
Ao was of the view that tds should have been made u s 194c 1 since clients of assessee had deducted tax u s 194j. Section 194c of the income tax act deals with the tax deducted at source tds that is to be compulsorily deducted from any payments that have been made to any person who is a resident contractor or a subcontractor. Subcontractor and tds deduction, tds exemption, tds rates. Section 194j tds on professional services or technical services following persons are responsible to deduct tax at source for paying fees for professional or for technical service or royalty or any sum referred to in section 28va i. Sample declaration us 194c6 for nondeduction of tax at source. As the income you are earning will come under the head pgbp business.
Tds will be charged u s 194i if the hotel is used on a daily basis i. I hope this will help you in understanding the new changes. Section 194 c of the it act deals with deduction of tax at source when it comes to payment to contractors. Following tds rates are applicable for financial year 20192020 assessment year 202021 important sections tds chart. Tds on payment in respect of life insurance policy section 194da 9. Sub contractor and tds deduction, tds exemption, tds rates. In other words, it encompasses all persons who have paid a resident contractor or subcontractor to carry out any kind of work.
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