–An Article by CA Manpreet S. Taneja
There are various taxation terminologies which are frequently used in business and also in day to day chores, but we are not fully acquainted of such nomenclatures.
One such concept is “Tax deducted at source” popularly known as “TDS”. From salaried person to a businessman, from payment of rent to purchase of goods role of TDS is significant.
Therefore, it becomes imperative to all to have a minimal knowledge of TDS and in this article, we will get through such basic concepts of TDS and its liabilities regarding submission of TDS and Returns.
Q1.- What is TDS?
Ans.- “TDS” stands for Tax Deducted at Source. In simple words, TDS is the amount which the person making payment for either goods or services availed (“Payor”) to the person providing goods or services (“Payee”), at the time of payment or recording in his books of accounts, has to deduct the amount as applicable and pay the net amount to the Payee and deposit the TDS amount to the exchequer (tax authorities) within the due dates as notified.
Example: – Suppose Mr. Jackie has availed services of an Architect, Mr. Antonio, for construction of his office at New Delhi. The Professional Charges of Mr. Antonio are INR 2 lacs. The construction is completed on 27th April 2021. Mr. Antonio raised the invoice for the services on 28th April 2021. Mr. Jackie records the entry in his books of account after receipt of invoice on 30th April 2021. He makes payment to Mr. Antonio on 3rd May 2021. (Please note that TDS rate on technical or professional services is deductible under section 194-J @10%)
Now the liability to deduct TDS arises at either of below events: –
1. Making Payment
2. Recording in Books of Accounts
*Whichever is Earlier
In the example above, on 30th April, 2021, Mr. Jackie would have recorded the journal entry as below: –
On Making Payment to Antonio, the journal entry would be: –
Now, as per the prevalent law, the Payor is required to deposit the TDS deducted for the month of April, to the exchequer [Central Board of Direct Taxes-(CBDT)], within 7 days from the end of the month. Therefore, Mr. Jackie is required to pay INR 20,000 deducted from payment to Mr. Antonio, latest by 07th May 2021 to the CBDT vide notified challans.
On Payment of TDS, Journal Entry in Books of Mr. Jackie will be
After payment of TDS to the exchequer, the TDS Deductor has to furnish Quarterly Returns in the notified forms within the specified timelines. Thereafter, the tax deducted shall be reflected in the TDS and income summary (Form 26AS) of the Payee (whose TDS has been deducted – Mr. Antonio in our case).
The TDS deducted from payment of Mr. Antonio, will be reflected in his Form 26AS after the TDS return has been filed by Mr. Jackie for the period of April’21 to June’21 latest by 31st July 2021.
Mr. Antonio shall take INR 2,00,000 /-(Inclusive of TDS) into consideration, while computing his total income for financial year 2021-22 and not INR 1,80,000/ He shall take the credit of INR 20,000/- out of his final tax liability.
Q.2- On what nature of transactions, TDS is deductible? Ans.- TDS is deductible on various nature of payments like:
|S.No.||Section||Nature of Payment|
|1||192||TDS from Payment of Salaries|
|2||192-A||Premature withdrawal from Employee Provident Fund (Payment of accumulated balance of provident fund which is taxable in the hands of an employee)|
|3||193||Interest on Securities|
|4||194||Dividend other than the dividend as referred to in Section 115-O|
|5||194-A||Interest other than interest on securities – Banks Time deposits, Recurring deposit and Deposit in Co-op Banks|
|6||194-B||Income by way of winnings from lotteries, crossword puzzles, card games and other games of any sort|
|7||194-BB||Income by way of winnings from horse races|
|8||194-C||Payment to ContractorsContract – Transporter not covered under 44AE|
|10||194-DA||Payment in respect of life insurance policy, the tax shall be deducted on the amount of income comprised in insurance pay-out|
|11||194-E||Payment to non-resident sportsmen/ sports association|
|12||194-EE||Payment in respect of deposit under National Savings schemePayment on account of repurchase of unit by Mutual Fund or Unit Trust of India|
|13||194-G||Commission on sale of lottery tickets|
|14||194-H||Commission or Brokerage|
|15||194-I||194-I(a)- Rent on Plant & Machinery|
|16||194-I||194-I(b)-Rent on Land or building or furniture or fitting|
|17||194-IA||Transfer of certain immovable property other than agriculture land|
|18||194-IB||Payment of Rent by Individuals or HUF not liable for Tax Audit|
|19||194-IC||Payment of monetary consideration under Joint Development Agreements|
|20||194-J||Fees for professional or technical services:|
|21||194-K||Payment of any income in respect of Units of Mutual fund as per section 10(23D) or Units of administrator or from a specified company|
|22||194-LA||TDS on compensation for compulsory acquisition of immovable Property|
|23||194-LBA||194-LBA (1)-Business trust shall deduct tax while distributing, any interest received or receivable by it from a SPV or any income received from renting or leasing or letting out any real estate asset owned directly by it, to its unit holders194-LBA (2)-Distribution of, any interest received or receivable from SPV by Business trust194-LBA (3)-Distribution of, any income received from renting or leasing or letting out any real estate asset owned directly by Business trust|
|24||194-LB||Payment of interest on infrastructure debt fund to Non-Resident|
|25||194-LBB||Investment fund paying an income to a unit holder [other than income which is exempt under Section 10(23FBB)]|
|26||194-LBC||Income in respect of investment made in a securitization trust (specified in Explanation of section115TCA)|
|27||194-M||Payment of commission, brokerage, contractual fee, professional fee to a resident person by an Individual or a HUF who are not liable to deduct TDS under section 194C, 194H, or 194J.|
|29||194-O||Applicable for E-Commerce operator for sale of goods or provision of service facilitated by it through its digital or electronic facility or platform.|
|30||194-Q||Purchase of goods (applicable w.e.f 01.07.2021)|
|31||195||Payment of any other sum to a Non-resident|
|32||194-P||TDS on Senior Citizen above 75 Years|
|33||206-AB||TDS on non-filers of ITR|
Q.3.- What are the due dates for payment of TDS?
Ans.- Firstly we have to understand, that CBDT has classified tax payers for payment/ deposit of TDS as well as filing of TDS returns as follows: –
1. Govt. Deductors: – These are offices of Govt., Govt Organisations, State or Central Govt Undertakings, such as government schools, colleges, municipalities, etc.
2. Non Govt Deductors: – All other deductors, other than govt. are covered here. The constitution may be company, individual, partnership etc.
TDS Depositing Due Dates
Where tax is deducted by the office of the Government:
Where tax is deducted by Others:
Q4. What are the due dates for filing of TDS Returns?
TDS Return Filing Due Dates
Keeping in view of above timelines below given is summary for submission filing return for financial year 2021-2022
TDS Return Filing Due Dates for FY 2021-2022
It is necessary to keep in mind the above given timelines for submission of TDS and its returns as there are various penalties for non-compliance of TDS related provisions.
Hi, This insightful article was penned down by Mr. Manpreet S Taneja. Read what he has to say about himself.
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