PERSONS RESPONSIBLE FOR DEDUCTING TAX AND THEIR DUTIES:
4.1 Section 204 (i) of the Act the "persons
responsible for paying" for the purpose of Section 192 means the
employer himself or if the employer is a Company, the Company itself
including the Principal Officer thereof. Further, as per Section
204(iv), in the case of credit, or as the case may be, if the payment is
by or on behalf of Central Government or State Government, the DDO or
any other person by whatever name called, responsible for crediting, or
as the case may be, paying such sum is the "persons responsible for
paying".
4.2 The tax determined as per para 8 should be deducted from the salary u/s 192 of the Act.
4.3. Deduction of Tax at Lower Rate:
If the jurisdictional TDS officer of the Taxpayer issues a
certificate of No Deduction or Low Deduction of Tax under section 197
of the Income Tax Act, subsequent to the application filed before him in
Form No 13 by the Taxpayer; then the DDO should take into account such
certificate and deduct tax on the salary payable at the rates mentioned
therein. (see Rule 28AA).
4.4. Deposit of Tax Deducted:
Rule 30 prescribes time and mode of payment of tax deducted at source to the account of Central Government.
4.4.1. Prescribed time of payment/deposit of TDS made to the credit of Central Government account is as under:
(a) In case of an Office of Government:
Sl. No. | Description | Time up to which to be deposited. |
1 | Tax deposited without Challan [Book Entry] | SAME DAY |
2 | Tax deposited with Challan | 7TH DAY NEXT MONTH |
3 | Tax on perquisites opt to be deposited by the employer. | 7TH DAY NEXT MONTH |
(b) In any case other than an Officer of Government
Sl. No. | Description | Time up to which to be deposited. |
1 | Tax deductible in March | 30th APRIL NEXT FINANCIAL YEAR |
2 | Tax deductible in any other month | 7TH DAY NEXT MONTH |
3 | Tax on perquisites opt to be deposited by the employer | 7TH DAY NEXT MONTH |
However, if a DDO applies before the jurisdictional
Additional/Joint Commissioner of Income Tax to permit quarterly payments
of TDS under section 192, the Rule 30(3) allow for payments on
quarterly basis and time given in Table below:
Sl. No. | Quarter to the financial year ended on | Date for quarterly payment |
1 | 30th June | 7th July |
2 | 30th September | 7th October |
3 | 31st December | 7th January |
4 | 31st March | 30th April next Financial Year |
4.4.2 Mode of Payment of TDS
4.4.2.1 Payment by Book Entry:
In the case of an office of the Government, where tax has
been paid to the credit of the Central Government without the production
of a challan [Book Entry], the Pay and Accounts Officer or the Treasury
Officer or the Cheque Drawing and Disbursing Officer or any other
person by whatever name called to whom the deductor reports the tax so
deducted and who is responsible for crediting such sum to the credit of
the Central Government, shall-
(a) submit a statement in Form No. 24G within
ten days from the end of the month to the agency authorized by the
Director General of Income-tax (Systems) [TIN Facilitation Centres
currently managed by M/s National Securities Depository Ltd.] in respect
of tax deducted by the deductors and reported to him for that month;
and
(b) intimate the number (hereinafter referred
to as the Book Identification Number or BIN) generated by the agency to
each of the deductors in respect of whom the sum deducted has been
credited. BIN consist of receipt number of Form 24G, DDO sequence number
and date on which tax is deposited.
The procedure of furnishing Form 24G is detailed in
Annexure IV. PAOs/DDOs should go through the FAQs therein to understand
the correct process to be followed.
4.4.2.2 Payment by an Income Tax Challan:
(i) In such a case the amount of tax so
deducted shall be deposited to the credit of the Central Government by
remitting it within the time specified in Table 4.4.1 above into any
branch of the Reserve Bank of India or of the State Bank of India or of
any authorized bank;
(ii) In case of a company and a person (other
than a company), to whom provisions of section 44AB are applicable, the
amount deducted shall be electronically remitted into the Reserve Bank
of India or the State Bank of India or any authorised bank accompanied
by an electronic income-tax challan.
The amount shall be construed as electronically remitted to the Reserve Bank of India or to the State Bank of India or to any authorized bank, if the amount is remitted by way of:
(a) internet banking facility of the Reserve Bank of India or of the State Bank of India or of any authorized bank; or
(b) debit card (Notification No.41/2010, dated 31st May, 2010)