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Showing posts with label eTDS/TCS Returns Tips. Show all posts
Showing posts with label eTDS/TCS Returns Tips. Show all posts

TCS Return u/s. 206C last date 15th Oct.

TCS Return – Last Date 15th October

15th October is the last date for filing  TCS Returns for FY:17-18, Quarter 2.

Typically TCS is applicable on sale of items like scrap, forest products, minerals, bullion, etc. and is covered under section 206C of the Income Tax Act.

Last date for issuing of TCS certificate 30th  October.

Last date for TDS Returns is 31st October.


Source: TDSMan

Very Easy to file e-TDS/e-TCS Return in 5 Steps

Now, it is very easy to file Statement of e-TDS/e-TCS Return in only 5 Steps.  The detail information regarding this are as follows :

Step: 1


The data structure (file format) in which the e-TDS / e-TCS return is to be prepared has been notified below:
Quarterly Return :

For regular statements pertaining to FY 2010-11 onwards:
  • File Format for Form 24Q Q1 to Q3 Version 5.6
  • File Format for Form 24Q (4th Quarter) Version 6.1
  • File Format for Form 26Q Q1 to Q4 Version 6.0
  • File Format for Form 27EQ Q1 to Q4 Version 5.8
  • File Format for Form 27Q Q1 to Q4 Version 6.0
For regular statements up to FY 2009-10:
  • File Format for Form 24Q (1st,2nd & 3rd quarters) Version 5.2
  • File Format for Form 24Q (4th quarter) Version 5.5
  • File Format for Form 26Q Q1 to Q4 Version 5.2
  • File Format for Form 27EQ Q1 to Q4 Version 5.2
  • File Format for Form 27Q Q1 to Q4 Version 5.2
For correction statements pertaining to FY 2010-11 onwards:
  • File Format for Form 24Q correction Q1 to Q3 Version 5.9
  • File Format for Form 24Q correction (4th Quarter) Version 6.3
  • File Format for Form 26Q correction Q1 to Q4 Version 6.2
  • File Format for Form 27EQ correction Q1 to Q4 Version 6.2
  • File Format for Form 27Q correction Q1 to Q4 Version 6.1
For correction statements up to FY 2009-10:
  • File Format for Form 24Q correction (1st,2nd& 3rd quarters) Version 5.5
  • File Format for Form 24Q correction (4th Quarter) Version 5.6
  • File Format for Form 26Q correction Q1 to Q4 Version 5.5
  • File Format for Form 27Q correction Q1 to Q4 Version 5.4
  • File Format for Form 27EQ correction Q1 to Q4 Version 5.5
Step: 2
e-TDS/e-TCS return in accordance with the file formats is to be prepared in clean text ASCII format with 'txt' as filename extension. e-TDS/e-TCS return can be prepared using in-house software, any other third party software or the NSDL e-TDS Return Preparation Utility.
Feedback Form

Sample files prepared as per the file formats given below for reference.
Quarterly Return :

For statement pertaining to FY 2010-11 onwards:

    Sample file for Form 24Q (1st, 2nd & 3rd Quarter)
    Sample file for Form 24Q (4th Quarter)
    Sample file for Form 26Q
    Sample file for Form 27Q
    Sample file for Form 27EQ

For statement upto FY 2009-10

    Sample file for Form 24Q (1st, 2nd & 3rd Quarter)
    Sample file for Form 24Q (4th Quarter)
    Sample file for Form 26Q
    Sample file for Form 27Q
    Sample file for Form 27EQ

Step: 3

Once the file has been prepared as per the file format, it should be verified using the File Validation Utility (FVU) provided by NSDL e-Gov.

*FVU for Quarterly Returns: e-TDS / e-TCS returns prepared upto FY 2009-10 (i.e. Forms 24Q, 26Q, 27Q and 27EQ) can be validated using this utility.

*FVU for Quarterly Returns: e-TDS / e-TCS returns prepared for FY 2010-11 and onwards (i.e. Forms 24Q, 26Q, 27Q and 27EQ) can be validated using this utility.

Step: 4

In case file has any errors the FVU will give a report of the errors. Rectify the errors and verify the file again through the FVU.

Step: 5
The upload file generated by the FVU on successful validation is to be furnished to a TIN-FC.
Quarterly Return :

Each e-TDS/TCS return saved in a CD/Pen Drive to be submitted along with a signed copy of the control chart (Form 27A). With effect from February 1, 2014, it is mandatory to submit Form 27A generated by TDS/TCS FVU (File Validation Utility) duly signed, along with the TDS/TCS statement(s). Any other Form 27A submitted will be treated as invalid submission and the same will be rejected by TIN-FC branches. (Form 27A).

How to avoid Defaults in TDS Statements/Returns?

Tips to avoid Defaults in TDS Returns
 
Make sure taxes are deducted on time and at correct deduction rates /amount. The applicable section under which the deduction falls should be correctly applied.

Tax needs to be deducted either when payment is made or when amount is credited, whichever is earlier. It implies that tax needs to be deducted on the same day when advance payments are made. Late deduction is a default and will attract interest.

Taxes deducted during the course of the month, should be deposited on time. Typically it is by 7th of the following month. The only exception is that for deductions in March, it needs to be deposited by 30th April.

TDS Returns needs to be filed on completion of each quarter. Returns for Salary & Non-Salary TDS is to be filed separately in Form 24Q & Form 26Q respectively.

Use a proper TDS Return preparing software / tool that helps in predicting possible errors / defaults. This would prevent unnecessary hassles later.

Make sure TDS Returns are filed on time to avoid penalty on delayed filing. Typically, TDS Returns are to be filed by the end of the month following the quarter. Returns for March quarter is to be filed by 31st May.


Source: Tdsman

Changes in TCS Provisions w.e.f. 1st April, 2017

Budget 2017 – Changes in TCS Provisions

1.Restriction on cash transactions

It is also proposed to consequentially amend the provisions of section 206C to omit the provision relating to tax collection at source at the rate of one per cent. of sale consideration on cash sale of jewellery exceeding five lakh rupees.

This amendment will take effect from 1st April, 2017.
2.Exemption from tax collection at source under sub-section (1F) of section 206C in case of certain specified buyers.
The existing provision of sub-section (1F) of section 206C of the Act, inter-alia provides that the seller who receives consideration for sale of a motor vehicle exceeding ten lakh rupees, shall collect one per cent of the sale consideration as tax from the buyer.

In order to reduce compliance burden in certain cases, it is proposed to amend section 206C, to exempt the following class of buyers such as the Central Government, a State Government, an embassy, a High Commission, legation, commission, consulate and the trade representation of a foreign State; local authority as defined in explanation to clause (20) of Section 10; a public sector company which is engaged in the business of carrying passengers, from the applicability of the provision of subsection (1F) of section 206C of the Act.

This amendment will take effect from 1st April, 2017.

3.Strengthening of PAN quoting mechanism in the TCS regime
Statuary provisions for deduction of tax at source (TDS) at higher rate of 20% or the applicable rate whichever is higher) in case of non-quoting of Permanent Account Number (PAN) is provided under section 206AA of the Act and it exist since April, 2010.

PAN acts as a common thread for linking the information in the departmental data base. It may also be noted that the process of allotment of PAN is made simple and robust. PAN application can be made online and PAN gets allotted in less than a week.

In order to strengthen the PAN mechanism, it is proposed to insert new section 206CC to provide the following:
  1. any person paying any sum or amount, on which tax is collectable at source under Chapter XVII BB (hereafter referred to as collectee) shall furnish his Permanent Account Number to the person responsible for collecting such tax (hereafter referred to as collector), failing which tax shall be collected at the twice the rate mentioned in the relevant section under Chapter XVII BB or at the rate of five per cent. whichever is higher.
  2. that the declaration filed under sub section (1A) of section 206C shall not be valid unless the person filing the declaration furnishes his Permanent Account Number in such declaration.
  3. that in case any declaration becomes invalid under sub-section (2), the collector shall collect the tax at source in accordance with the provisions of sub-section (1).
  4. no certificate under sub section (9) of section 206C shall be granted unless it contains the Permanent Account Number of the applicant.
  5. the collector knows about the correct PAN of the collectee it is also proposed to provide for mandatory quoting of PAN of the collectee by both the collector and the collectee in all correspondence, bills and vouchers exchanged between them.
  6. that the collectee shall furnish his Permanent Account Number to the collector who shall indicate the same in all its correspondence, bills, vouchers and other documents which are sent to collectee.
  7. where the Permanent Account Number provided by the collectee is invalid or it does not belong to the collectee, then it shall be deemed that Permanent Account Number has not been furnished to the collector.
  8. to exempt the non-resident who does not have permanent establishment in India from the provisions of this proposed section 206CC of the Act.
This amendment will take effect from 1st April, 2017.

Source: TDS Man

How to make and submit Error Free TDS Returns ?

Healthy Practices for Error-Free TDS Returns

  • Healthy practices for error – free TDS returns has been given below: 
  • Deduction/ Collection of Tax at Correct Rates.
  • Timely Deposit of Tax Deducted at Source.
  • Accurate Reporting of data related to tax deductions/ collections made.
  • Submission of TDS Statements within the due dates.
  • Verification and Issuance of TDS Certificates within time.
  • CPC (TDS) is now sending “Intermediate Default Communication” for PAN Errors and Short Payments, which can be corrected during the interim period of a week of filing TDS Statements, before CPC (TDS) proceeds with computing Defaults for the relevant statement.
  • User-friendly Online Correction facility can be used for Correction of Deductees, Tagging Unmatched Challans and Payment of Fees/ Interest. (Please navigate to Defaults tab to locate Request for Correction from the drop-down menu. For any assistance, please refer to the e-tutorial available on TRACES).
  • Aggregated TDS Compliance Report assists the PAN of the Deductor to administer TDS Defaults for associated TANs and to take appropriate action.
  • The Deductor’s Dashboard provides you all necessary information to assist you in “Compliance Self-Assessment” and to take appropriate action.
  • Non-filing Self-declaration can be made by navigating to Statements / Payments menu and submit details under Declaration for Non-Filing of Statements.
  • PAN Verification and Consolidated TAN – PAN File facility on TRACES can be used for verifying the deductees.
  • The Conso Files and Justification Reports downloaded from TRACES help you to identify errors in submission of revised Quarterly TDS Statements.

Given below are some dos and don’t for filing of TDS returns:

Dos


  • Ensure that TDS return is filed with same TAN against which TDS payment has been made.
  • Ensure that correct challan particulars including CIN and amount is mentioned.
  • Correct PAN of the deductee is mentioned.
  • Correct section is quoted against each deductee record.
  • Tax is deducted at correct rate for each deductee record.
  • File correction statement as soon as discrepancy is noticed.
  • Issue TDS certificate downloaded from TRACES website.

Dont’s

  • Don’t file late returns as it affects deductee tax credit.
  • Don’t quote incorrect TAN vis-à-vis TDS payments.
Source: TDS Man

Taxpayee Employee should submit Tax Saving Proofs to Employer for Stop Excess TDS Deductions.

Submit tax saving proofs to your employer to prevent excess TDS

With your company’s accounts department knocking on your door to submit income-tax saving proofs, it’s time for you to gather all the relevant papers in one place.

Since April 2016, the department would have been computing taxes on your salary based on the proposed investment declaration submitted by you earlier.

The taxes deducted at source (TDS) are covered under Section 192 of the Income-tax Act, 1961 making it the obligation of the employer to withhold taxes at the time of payment of salaries.

Once the actual proof is submitted, the accounts department will compute the taxes based on the proofs of the actual investments made by you. And for that you will have to furnish the documentary evidence of having actually made the investments as per the investment declaration made earlier You can make tax-saving investments different from those declared by you earlier but the deduction from taxable income will be given only on the basis of the actuals submitted and not on the basis of the proposed declaration made earlier.

The last date for such submissions varies, but most organisations would expect you to submit them by March 10, 2017. However, employers start asking for them in January (in this case Jan 2017) itself as they would like to start deducting tax at source on the basis of tax calculations based on actual investments from January.. This will also enable the employee to finalise tax adjustments, if any, in the balance months of the current financial year (2016-17).If taxes have been deducted in excess or less, accordingly, they will get deducted in the last 3 months of the FY. Do not wait till March as then there wont be any scope for finalising and one could see a huge tax burden in that month and less of take-home pay.

The documents need not be attached or sent to Income-tax Department at the time of tax filing. Instead, it’s the employer who has to receive them from employees and deduct tax accordingly.

At times it is found that after taking into account the tax saving investments/expenditures, the tax already deducted by one’s employer is in excess and cannot be adjusted in subsequent months. In such cases the excess TDS will reflect in the Form 16 and the refund will have to be claimed by you from the I-T Department by filing the appropriate income tax return.

The important tax saving investment/expenditure proofs include:

Investments – Under Section 80C

When it comes to investments such as Equity Linked Savings Schemes (ELSS) of mutual funds (MFs), life insurance, submit the ELSS fund statement, premium paid receipts respectively. For Public Provident Fund (PPF), if it is maintained with a bank or a post office, submit photocopies of the passbook showing all the transactions and the account details. In case you are maintaining PPF online, take a printout of the e-receipt showing transactions and the account details. In case of Sukanya Samriddhi Scheme and 5-year tax saving fixed deposit, the deposit receipt or a certificate from the bank has to be submitted to the employer.

Tuition fees

In case of tuition fees, submit photocopies of the school receipt carrying the schools’ seal and signature of the receiver.

First-time home buyers

For the current financial year, Section 80EE allows tax benefits for first-time home buyers under which the benefit can be claimed on home loan interest. This deduction is over and above the Rs 2 lakh limit under Section 24 of the Income-tax Act. Hard copies of all the relevant documents have to be submitted.

House Rent Allowance Exemption

For those who claim HRA relief, the Permanent Account Number (PAN) of the landlord is mandatory. This condition is not applicable for those whose rent payment is less than or equal to Rs 1 lakh per annum, i.e., Rs 8,333 per month.

A copy of the lease rent agreement or declaration by the landlord in a prescribed format is to be submitted. Further, ownership proof of landlord of rented premises, which can be house tax receipt or the latest electricity bill or share certificate in case of co-operative society houses have to be submitted. The original rent receipts for the period April 2016 till date have to be provided.

Housing loan repayment (principal)

The certificate from a financial institution specifying the principal paid during April 2016 to March 2017 needs to be submitted. Ask the institution to mention the provisional amount for the last 2-3 months of the current financial year as equated monthly instalments (EMIs) would still be pending.

Loss from housing property – interest on housing loan – self occupied

The interest certificate from the bank or financial institution, specifying the break-up of interest and the principal amount for FY 2016-17 would be required. Possession/construction completion certificate are a must for availing the relief by some employers. Further, the date of loan taken and the date of possession are mandatory to avail the benefit.

Loss from housing property – interest on housing loan – let out on rent

If the house for which loan has been availed is let out, the same should be submitted with certificate from a financial institution specifying principal and interest paid during April 2016 to March 2017 (FY 2016-17).

New Pension Scheme (NPS)

There is no need to submit proof of actual Investments in case the investments in NPS is through Corporate Model or Employee Model as the same are recovered and deposited by company in your PRAN (Permanent Retirement Account Number) account. However, if you have opted for investment of Rs 50,000 under NPS on your own, i.e., outside salary, then submission of copies of PRAN card, NPS Transaction Statement for Tier 1 Account is necessary.

Mediclaim premium

Call up the insurer and ask him to send the statement for tax purpose under Section 80D. The premium should not be paid by cash and should be paid by cheque or digital transfer from the bank account.

Conclusion

It’s better to get a confirmation on the actual requirement from your accounts department. Not all will be asking for all the above mentioned documents, while few others might have their own set of requirements. The documents, if not submitted within time, may make you end up with excess TDS which would have to be claimed as refund. Also, as a precaution, retain the original copies for personal income-tax assessment.

Detailed Procedure for furnishing and verification of Form 26A for removing Short TDS Deductions.

Procedure for the purposes of furnishing and verification of Form 26A for removing of default of Short Deduction and /or Non Deduction of Tax at Source

F.No. DGlT(5)/CPC(TDS)/NOTIFICATION/2016-17

Government of India
Ministry of Finance
Central Board of Direct Taxes
Directorate of Income-tax(Systems)
New Delhi.

Notification No. 11 /2016

New Delhi, 2nd December, 2016

Subject: — Procedure for the purposes of furnishing and verification of Form 26A for removing of default of Short Deduction and/or Non Deduction of Tax at Source – Reg.

1. As per first proviso to sub-section (1) of section 201 of Income-tax Act, 1961, any person, including the principal officer of a company, who fails to deduct the whole or any part of the tax in accordance with the provisions of Chapter XVII-B on the sum paid to a resident or on the sum credited to the account of a resident shall not be deemed to be an assessee in default in respect of such tax if such resident —

(i) has furnished his return of income under section 139;

(ii) has taken into account such sum for computing income in such return of income; and

(iii) has paid the tax due on the income declared by him in such return of income, and the person furnishes a certificate to this effect from an accountant in such form as may be prescribed.

2.As per sub-rule (1) of Rule 31ACB of Income-tax Rules, 1962, the certificate from an accountant under the first proviso to sub-section (1) of section 201 shall be furnished in Form 26A to the Principal Director General of Income-tax (Systems) or the person authorised by the Director General of Income-tax (Systems) in accordance with the procedures, formats and standards specified under sub-rule (2), and verified in accordance with the procedures, formats and standards specified under sub-rule (2).

3.  In exercise of the powers delegated by the Central Board of Direct Taxes (Board) under sub-rule (2) of Rule 31ACB of Income Tax Rules, 1962 the Principal Director General of Income Tax (Systems) hereby authorizes the persons mentioned at Col. No. 1 to receive the form type mentioned in Col. No. 2 to be filed in the mode specified at Col. No. 3 for the assessment years mentioned at Col. No. 4 and pertinent to defaults under Section of the Act Mentioned at Column 5:

To Read Full Notification Click Here

How to upload error free TDS Return ? Tips.

ERROR FREE TDS RETURN

Deduction/ Collection of Tax at Correct Rates.

Timely Deposit of Tax Deducted at Source.

Accurate Reporting of data related to tax deductions/ collections made.

Submission of TDS Statements within the due dates.

Verification and Issuance of TDS Certificates within time.

CPC (TDS) is now sending “Intermediate Default Communication” for PAN Errors and Short Payments, which can be corrected during the interim period of a week of filing TDS Statements, before CPC (TDS) proceeds with computing Defaults for the relevant statement.

User-friendly Online Correction facility can be used for Correction of Deductees, Tagging Unmatched Challans and Payment of Fees/ Interest. (Please navigate to Defaults tab to locate Request for Correction from the drop-down menu. For any assistance, please refer to the e-tutorial available on TRACES).

Aggregated TDS Compliance Report assists the PAN of the Deductor to administer TDS Defaults for associated TANs and to take appropriate action.

The Deductor’s Dashboard provides you all necessary information to assist you in “Compliance Self-Assessment” and to take appropriate action.

Non-filing Self-declaration can be made by navigating to Statements / Payments menu and submit details under Declaration for Non-Filing of Statements.

PAN Verification and Consolidated TAN – PAN File facility on TRACES can be used for verifying the deductees.

The Conso Files and Justification Reports downloaded from TRACES help you to identify errors in submission of revised Quarterly TDS Statements.



Source: TDSMAN

Important e-Hand Book for TDS Deductor and TCS Collector by TRACES for A.Year 2017-18

The TRACES has been published a Hand Book for TDS Deductor or TCS Collector, which helps to file TDS/TCS Returns for Asstt. Year 2017-18.

Tax Deduction at Source (TDS) is one of the means of collection of direct taxes. TDS constitutes nearly 40% of the direct tax collections.

In the legacy system, the deductees claimed TDS credits based on manual TDS certificates, issued by the deductors. There was no correlation between tax deductions, tax payments and issuance of TDS certificates. Verification from the deductor was limited & restricted. Thus, the conventional practice of giving credit of tax deductions, based on manual TDS certificates was open ended leading to tax frauds.

The tax deductors electronically report TDS to the Income Tax Department through quarterly TDS statements. The deductor is obliged to report the following details:
  • PAN & Name of the deductee;
  • Nature, extent & the date of transaction;
  • Amount, rate & the date of tax deducted/collected at Source;
  • Details of tax payment including the amount & date thereof
Based on the information submitted by the deductor, the deductee is given credit of taxes. Therefore, a robust mechanism that ensures correct, reliable flow of data to the department’s database and its collation on the basis of taxpayer identifier(s) (PAN) prevents revenue leakage.

Centralized Processing Cell for TDS (CPC(TDS)) has been conceptualized to ensure a seamless flow of data for tax credits. It leverages technology to provide efficient services. CPC(TDS) introduces transparency in the processes through online display of information. Thus, it forms the backbone of overall TDS administration of the Income Tax Department.

Concepts of Hand Book :
  • Centralized Processing Cell (TDS) is a technology driven transformational initiative on ‘Tax Deduction at Source’ that provides a comprehensive solution through ‘Tax Deduction, Reconciliation, Analysis and Correction Enabling System (TRACES)’ - its core engine.
  • CPC (TDS) undertakes bulk processing of TDS statements to generate ‘Annual Tax Credit’ statements for each taxpayer (PAN holder) in Form 26AS, TDS certificates in Form 16 / 16A & identifies TDS defaults of short payment, short deduction, interest etc.
  • CPC (TDS) reconciles and co-relates information from various sources including banks (tax payment), deductors (reporting tax deduction), Assessing Officers ( mapping no tax / low tax deductions) and tax professionals (reporting international transactions).
With its inclusive approach, the initiative provides bouquet of services to its stake holders including deductors, deductees, Principal Accounts Officers of the Central and State Governments & the officers of the Income Tax Department.

The users/ stakeholders interact with the CPC (TDS) system and with each other through multiple channels of communication including Call Centre, e-mail, website etc.

Download TDS Hand Book for TDS/TCS Deductors

3rd Quarter TDS Return Filing last date is 15th Jan-2016 for Asstt. Year 2016-17

With the introduction of Section 234E, there is now a provision of stringent penalties for delayed filing of TDS returns.
  • Failure to submit e-TDS Statement on time will result in fees on the deductor.
  • If you delay or forget to file your e-TDS Statement, fees of Rs. 200 per day will be levied on the deductor, as long as TDS Statement is not filed.
  • The levied amount of fee is not supposed to exceed the TDS deductibles.
  • Prior to filing of TDS Statement such fee should be paid and it should be reflected in the TDS Statement.
Fees and Penalty for Late Filing of TDS Returns are as follows:

Section 234E – Levy of Fees
  • Failure to submit e-TDS Statement on time will result in fees on the deductor.
  • If you delay or forget to file your e-TDS Statement, fees of Rs. 200 per day will be levied on the deductor, as long as TDS Statement is not filed.
  • The levied amount of fee is not supposed to exceed the TDS deductibles.
  • Prior to filing of TDS Statement such fee should be paid and it should be reflected in the TDS Statement.
Section 271H – Penalty
    Deductor has to pay a penalty ranging from minimum of Rs. 10,000/- to One Lac rupees,
  • If deductor exceeds one year time limit to File TDS Statement.
  • If deductor furnishes incorrect details like PAN, TDS Amount, Payment of Challan etc.

Source: www.tdsman.com
https://www.tdsman.com/

TDS is compulsory on withdrawal of premature Provident Funds w.e.f. 01.06.2015

Provident fund withdrawals before five years of completion of service will now attract income tax ranging between 10 per cent and 34.608 per cent.

A new provision in the Finance Act, 2015 that becomes effective from June 1 has mandated that premature withdrawals of retirement savings that exceed Rs 30,000 before completion of five years of service will be subject to tax deducted at source.

Tax would be deducted at the rate of 10 per cent if the subscriber provides the PAN number but the levy would go as high as the maximum marginal rate of 34.608 per cent if the subscriber does not provide his PAN number at the time of withdrawal.

The Employees Provident Fund Organisation (EPFO) is understood to be discussing the issue with the finance ministry to reconsider the issue but it has issued a notification and detailed guidelines to field offices on tax deduction.

“Income Tax shall be deducted at source… if at the time of payment of the accumulated PF balance is more than or equal to Rs 30,000, with service less than five years,” Sanjay Kumar, financial adviser said in a missive.

Exemption from TDS would be given to senior citizens and subscribers with no taxable income, provided they submit the required forms, the EPFO has said, adding that in these cases too tax would be levied if the amount withdrawn exceeds Rs 2,50,000 and Rs 3 lakh, respectively.

However, workers whose service has been terminated due to his ill health, contraction or discontinuance of business of employer or other cause beyond the control of the member will also be exempt from paying TDS on such premature withdrawals.

TDS would also not be levied on transfer of retirement savings from one account of the member to another.

Source: www.tdsman.com

Nine Amendments in TDS and TCS for Fin.Year 2015-16 w.e.f. 01.06.2015

Amendments Relating to TDS and TCS in Budget 2015-16

Given below are the several amendments relating to Tax Deducted at Source (TDS) and Tax Collected at Source (TCS) that have been proposed in Budget 2015-16.

Requirement for obtaining evidence/ particulars by employer for TDS–Section 192

  1. Currently, the person responsible for paying salary has to depend upon the evidence/ particulars furnished by the employee in respect of deductions, exemptions and set-off of loss claimed. There is neither any guidance regarding the nature of evidence/particulars to be obtained nor any uniformity in this regard.
  2. With a view to rationalise the collection of information and documents by employers, a new subSection (2C) is proposed to be introduced in Section 192 to provide that the person responsible for paying salary to an employee will be required to obtain evidence or proof or particulars of prescribed claims including claim for set-off of loss under the provisions of the Act in the prescribed form and manner. This amendment is effective from 1st June 2015.

TDS from premature withdrawal from Employees’ Provident Fund Scheme (EPFS) – Sections 192A and 197A

  1. When an employee participating in a Recognised Provident Fund (RPF) withdraws the accumulated balance lying to her/his credit in the said RPF account, that amount is not included in her/his total income and is considered as exempt provided certain conditions are met. The main condition is that such a person should have rendered continuous service with that employer for a period of five years or more. In case of cessation of employment, if the employee takes up an employment with another employer and the accumulated balance in her/his RPF account is transferred to her/his RPF account maintained by such other employer, then also the exemption would be available.
  2. It therefore follows that if the abovementioned conditions are not satisfied, the accumulated balance due to the employee is taxable in the hands of the employee. In such a case, tax is required to be calculated by re-computing the tax liability of the years for which the contribution to RPF has been made, by treating the same as contribution to unrecognised provident fund. The trustees of an RPF are required to deduct tax at source on such accumulated balance at the time it is paid, as if such withdrawn amount were income chargeable under the head Salaries. However, often, the trustees did not have the requisite information to be in a position to compute the TDS correctly. With a view to simplify the process of deduction in such cases, Section 192A is now inserted to provide that trustees of RPFs shall, at the time of payment of the accumulated balance due to the employee, deduct tax at source at the rate of 10%, where the aggregate withdrawal is Rs. 30,000/- or more.
  3. At the same time, if the concerned employee fails to furnish her/his permanent account number (PAN) to the person responsible for deducting such tax, then tax shall be deducted at the maximum marginal rate as per Section 206AA. It has also been provided that tax shall not be deducted if the employee furnishes to the payer a self-declaration in the prescribed Form No. 15G/15H, declaring that the tax on her/his estimated total income of the relevant previous year would be nil. All these amendments shall take effect from 1st June 2015.

TDS from interest (other than interest on securities)–Section 194A
There are several amendments pertaining to TDS from interest.

  1. Interest on fixed deposits with banks attracts TDS under Section 194A. Only exception to this was in respect of interest paid by co-operative banks to their members.
  2. Now, Section 194A(3)(v) has been amended to expressly provide that payment of interest on time deposits by a cooperative bank to its members will not be exempt from withholding tax requirement. Therefore, with effect from 1st June 2015, when interest paid or credited in excess of the prescribed limit (which is presently Rs. 10,000/-), tax will have to be deducted at source by the cooperative bank. 
  3. The existing provisions that permit a depositor to furnish Form 15G/15H for non-deduction of tax at source from the interest wherever applicable, will apply to the interest on deposits with cooperative banks also.
  4. The exemption from withholding tax under Section 194A(3)(viia)(b) in respect of payment of interest on time deposit taken from a cooperative society will continue to be available to a cooperative bank. Similarly, a primary agricultural society or a primary credit society or a cooperative land mortgage bank or a cooperative land development bank shall continue to enjoy the exemption under Section 194A(viia)(a), and will accordingly not be required to deduct tax at source from interest payment. 
  5. The definition of the term time deposits under Explanation 1 to Section 194A(3) has been amended to include recurring deposits within its scope. As a result, now for all banks, whether cooperative or commercial, interest paid on both time deposits and recurring deposits will attract the TDS provisions. 
  6. Many bank depositors avoided TDS from interest on bank fixed deposits by splitting their deposits amongst different branches of the same bank. This was on account of the current provision whereby the threshold limit of exemption from TDS is applicable to the interest credited or paid by every branch on an individual basis. With a view to curbing this practice, it is now proposed that TDS under Section 194A will be with reference to income credited or paid by the banks as a whole (in those cases where core banking solutions have been adopted by the concerned bank).
  7. Interest paid on compensation amount awarded by the Motor Accident Claim Tribunal has been brought under the ambit of TDS. If the aggregate amount of such a payment during the financial year exceeds Rs. 50,000/-, there will be a TDS at the time of payment of the interest. Consequently, it follows that there would be no requirement to deduct tax at source at the time of credit of interest. All the above amendments are effective from 1st June 2015.

TDS from payments to transporters–Section 194C 

  1. Currently, payment to transporters carrying on the business of plying, hiring, or, leasing of goods carriages is not liable to withholding tax if the transporter furnishes her/his permanent account number to the payer. It seems that the intention of having this provision was to exclude small transporters from the rigours of TDS provisions. But because of the way the section was drafted, all transporters were excluded from the TDS provisions if they had a PAN.
  2. With a view to bring back the big transporters back into the TDS fold, from 1st June 2015 onwards, this exemption will be available only to those transporters who own ten or less goods carriages at any time during the previous year. Such a transporter would also need to furnish a declaration to that effect to the payer along with the PAN.
  3. There was also some bit of confusion in the minds of a few people as to whether the said section (and exclusion) applied to payers engaged in the business of transport or to payees engaged in the business of transport. To remove this confusion, it has now been clarified in the Memorandum to the Finance Bill that this exemption is available whether such amount is paid by a person engaged in the business of transport or otherwise.

Obtaining/quoting tax deduction and collection account number (TAN) relaxed for certain notified persons–Section 203A

  1. At present, any person who is required to deduct tax at source (other than under Section 194IA) is expected to obtain a TAN and quote that TAN in the challan and the TDS statement that he is supposed to file. This is a cumbersome requirement–particularly to the individuals who acquire an immovable property from non-residents. In such cases, for one time transactions also, the TAN related formalities have to be complied with. In order to provide relief to such individuals or Hindu undivided families (HUFs) who are not liable for audit under Section 44AB or for one time transactions such as single transaction of acquisition of immovable property from non-residents on which tax is deductible under Section 195, it is proposed to amend Section 203A to the effect that the requirement of obtaining and quoting of TAN shall not apply to such notified persons. This amendment is effective from 1st June, 2015.

Processing of TCS returns–Section 206CB

  1. A new Section 206CB is proposed to be introduced to facilitate the processing of TCS (tax collected at source) statements on the same lines as TDS statements.
  2. Section 206CB(1) permits adjustments to the sums collectible to take care of arithmetical errors or incorrect claims apparent from any information in the TCS statement filed.
  3. Interest if any, payable on the sum collectible and fee payable under Section 234E are now chargeable in respect of the TCS. For this purpose, suitable provisions have been introduced in the Sections 200A and 206CB.
  4. The intimation has to be sent before the expiry of one year from the end of the financial year in which the statement is filed.
  5. Section 206C(7) provides for payment of interest if the person responsible for collecting the tax does not collect the tax or after collecting does not pay it as required under that Section. At the same time, since an intimation generated under Section 206CB is deemed to be a notice of demand under Section 156, interest under Section 220(2) would be payable if the tax collector fails to pay such demand within thirty days of the service of the notice of demand. This could give rise to a situation where interest is charged under both Sections, 220(2) as well as 206C(7). To avoid this, a new sub-Section (2C) is proposed to be inserted in the Section 220 to provide that where interest is charged for any period under Section 206C(7), no interest shall be charged under Section 220(2) of the Act on the same amount for the same period. These amendments are effective from 1st June 2015.

Self-declaration for non-deduction of tax from life insurance payments–Sections 194DA and 197A

  1. Section 194DA provides for deduction of tax at source at the rate of 2% from payments made under a life insurance policy, if such amount is chargeable to tax and the amount is not less than Rs. 1,00,000/- However, there is no facility for such an assessee to file a self-declaration under Section 197A to receive the amount without deduction of tax at source even if she/ he has no tax liability.
  2. It is now proposed to amend Section 197A provided that tax shall not be deducted under Section 194DA if the recipient of the payment on which tax is deductible furnishes to the payer a selfdeclaration in the prescribed Form No. 15G/15H declaring that the tax on his estimated total income for the relevant previous year would be nil. This amendment is effective from 1st June 2015.

Interest on certain bonds and Government securities earned by FIIs–Section 194LD

  1. Presently, interest paid to a foreign institutional investor, qualified foreign investor and foreign portfolio investor on rupee denominated bonds of an Indian company or a Government security is taxed at a concessional rate of 5% plus applicable surcharge and cess. This concession was available for interest payable on or after 1st June 2013 but before 1st July 2015.
  2. The concessional rate of tax is proposed to be extended up to 30th June 2017.

Furnishing of information made more stringent and penalty introduced – Sections 195 and 271-I

  1. Presently, when any person responsible for making a payment to a non-resident of any interest or other sum chargeable under the provisions of this Act, such person is required to deduct tax from such payment under Section 195(1). Further, sub-Section (6) of Section 195 requires such person to furnish the information relating to payment of any sum in Form 15CA. In most cases, a view was taken that this provision applied only to payments which gave rise to income chargeable to tax in India. Consequently, payments that did not give rise to income chargeable to tax in India were not reported in the Form 15CA.
  2. Now, sub-Section (6) is proposed to be amended to provide for furnishing of information whether or not such remittances are chargeable to tax. This would cast a heavy burden on persons who make payments to non residents–especially in case of import of goods. Even for such payments, now, the obligation to furnish Form 15CA (and also Form 15CB) will have to be complied with.
  3. This burden has been further compounded by the proposal to introduce a new Section 271-I to levy a penalty of Rs. 1,00,000/- if the person required to furnish information under Section 195 fails to furnish such information or furnishes inaccurate information. This amendment is effective from 1st June 2015.

Source: www.tdsman.com

Important Information about TDS Statement by TRACES and Basic principles of TDS Compliance.

An important information regarding TDS statement has been displayed at TRACES website which states as follows:

Considering peak statement filing time, processing of statements might take 7 to 10 working days from date of filing. 97.5% of the statements filed till 29th Apr 2015 have been processed for 26AS. Please wait for 24 hours after receiving a communication to submit Online Corrections at TRACES. 

Basic principles of TDS compliance:

  • Deduction/ Collection of Tax at Correct Rates
  • Timely Deposit of Tax Deducted at Source
  • Accurate Reporting of data related to tax deductions/ collections made
  • Submission of TDS Statements within the due dates
  • Verification and Issuance of TDS Certificates within time
  • CPC (TDS) is now sending “Intermediate Default Communication” for PAN Errors and Short Payments, which can be corrected during the interim period of a week of filing TDS Statements, before CPC (TDS) proceeds with computing Defaults for the relevant statement.
  • User-friendly Online Correction facility can be used for Correction of Deductees, Tagging Unmatched Challans and Payment of Fees/ Interest. (Please navigate to Defaults tab to locate Request for Correction from the drop-down menu. For any assistance, please refer to the e-tutorial available on TRACES).
  • Aggregated TDS Compliance Report assists the PAN of the Deductor to administer TDS Defaults for associated TANs and to take appropriate action
  • The Deductor’s Dashboard provides you all necessary information to assist you in “Compliance Self-Assessment” and to take appropriate action.
  • Non-filing Self-declaration can be made by navigating to Statements / Payments menu and submit details under Declaration for Non-Filing of Statements.
  • PAN Verification and Consolidated TAN – PAN File facility on TRACES can be used for verifying the deductees.
  • The Conso Files and Justification Reports downloaded from TRACES help you to identify errors in submission of revised Quarterly TDS Statements.
Source: www.tdsman.com

Be careful while submitting TDS/TCS Returns - Common Errors

This is the important part to avoid common mistakes, while TDS Return (Statement).  If the TDS Statements are filed with following common mistakes you may cause the penalty or interest or default notices by Income Tax Department, therefore must read carefully the following common Errors in TDS Returns:

Incorrect reporting of 197 Certificates:

Please refer to the following guidelines for correct reporting of 197 Certificates:

The Certificate Number should be of 10 digits with Alpha-numeric structure. Please refer to the following examples:
  • Correct Format 1111AA111A;
  • Incorrect Format: 1111AA111A/194C
Certificate Number should be valid during the period for which it is quoted.

The Certificate Number should be for the same PAN, Section Code and Section Rate for which it has been mentioned in the statement

Threshold limit Amount of the Certificate should not be exceeded.

Please ensure that the Certificate is not expired. Please refer to the following illustration:

Lower deduction Certificate under section 197, issued in April 2013 (e.g. Certificate Number – 1) stands cancelled by Assessing Officer on 10/11/2013.

A fresh certificate Under Section 197 (e.g. Certificate Number – 2) is issued with effect from 11/11/2013.

Deductor quotes Certificate Number – 2 against the transactions recorded during the period from 01/11/2013 to 10/11/2013 in Q3 TDS statement.

Deductor should have quoted Certificate Number – 1 for the transactions conducted till 10/11/2013.

Common errors resulting into Short Payment Defaults:
  • Typographical errors committed by deductor, in reporting the date ’20032014′    in the “Tax Deducted” column.
  • Total of “Amount Paid / Credited” reported in the “Tax Deducted” column of the statement. This results into short payment and Deductors need to ensure that the TDS/TCS Deducted/Collected amount should be equal to TDS/TCS Deposited Amount.
The above mistakes are illustrated below:

Amount Paid/ Credited
TDS Deducted
TDS Deposited
Remarks
1,55,000.00
1,55,000.00
15,500.00
Wrong TDS Deducted Amount
220420.00
20032014.00
22042.00
Date mentioned in the TDS Deducted Column

Actions to be taken:
  • CIN Particulars (BSR Code, Date of Deposit and Challan Serial Number) mentioned in the TDS statement should exactly match with the CIN Particulars as available on ‘Challan Status’ at www.tdscpc.gov. in or ‘Challan Status Enquiry’ at www.tin-nsdl.com
  • For BIN (Book Identification Number), the particulars (24G receipt number, Date of transfer voucher and DDO Serial Number) mentioned in the TDS statement by the Govt. Deductors should exactly match with the BIN Particulars as available on ‘Challan Status’ at www.tdscpc.gov. in or ‘BIN View’ at www.tin-nsdl.com
  • Amount of Tax deposited pertaining to different BIN’s/ CIN’s should not be clubbed together while reporting in the TDS statements.
Few other common mistakes in reporting dates are as follows:

Actual Date of Deposit (As per Challan)
Date of Deposit mentioned in TDS Statement
Observations
07/01/2014
(07th Jan, 2014)
07/01/2013
(07th Jan, 2013)
Wrong Year
(2013 instead of 2014)
07/01/2014
(07th Jan, 2014)
01/07/2014
(01st July, 2014)
Wrong Date Format
(MM/DD/YYYY)

How to avoid Late/Short Payment/deductions and Late filing Defaults ?

One can avoid defaults in the TDS statements, by way of adherence to the following basic principles: 

  • Timely Payment of total taxes deducted/ collected
  • Correct Reporting with regard to PANs, Tax Rate and Challans
  • Complete Reporting for all Deductees
  • Timely filing of TDS Statements

One needs to understand the different reasons & types of TDS Defaults and steps to avoid getting defaults notices.

Summary explanation is as under:

Late Payment Defaults:

  • The taxes deducted must be deposited within the due dates, as prescribed by Rule 30 of the Income Tax Rules 1962.

Short Payment Defaults:

  • All the taxes deducted must be deposited with challan 281 quoting correct TAN, Assessment Year, Minor Head etc.
  • Challan details/BIN details quoted in the statement should be correct. Challans can be validated by using Challan Status Inquiry(CSI) file. Correct details can also be verified at TRACES in “Challan Status” menu under “Statement Status” after login.
  • There should not be any difference in the amounts quoted in “Deducted” and “Deposited” columns of the deductee rows.
  • Challans quoted in the statement must have balance available for consumption against specified deductee rows. Available balance can be verified at TRACES in “View Consumption Details” under “Statements/ Payments” menu after login.
  • Government Deductors need to report Book entry flag as “Y” in challan details.   

Short Deduction Defaults:

  • Taxes must be deducted at correct rates specified in the Act. The Rate table can be accessed at TRACES for correct tax rates.
  • Correct flags (A, B, C, T and Y) must be raised for no deduction/ lower deduction/ higher deduction, as appropriate.
  • The PAN for deductees must be valid and correct. TAN-PAN Master can be downloaded from TRACES and be used to file statement to avoid quoting of incorrect and invalid PANs.
  • Correct and valid 197 Certificates must be specified. E-tutorial can be referred to for the purpose of validation.
  • For 24Q statements, correct flags should be raised for Woman/ Man/ Senior Citizen/ Super Senior Citizen deductees, as may be appropriate.
  • DTAA flag “B” must be raised under section 195 of the Act, at the time of filing 27Q  statements.

Late Deduction Defaults:

  • Taxes must be deducted at the time of Payment or Credit, whichever is earlier.   

Late Filing Defaults:   

  • Quarterly TDS/TCS statements must be filed within due dates of filing statements as prescribed by Rule 31A of the Income Tax Rules, 1962. The due date to file TDS statements for Q4, FY 2013-14 is 15th May, 2014.


Source: www.tdsman.com

Healthy Practices for Error-Free TDS Returns

Healthy practices for error – free TDS returns has been given below:

  1. Deduction/ Collection of Tax at Correct Rates.
  2. Timely Deposit of Tax Deducted at Source.
  3. Accurate Reporting of data related to tax deductions/ collections made.
  4. Submission of TDS Statements within the due dates.
  5. Verification and Issuance of TDS Certificates within time.
  6. CPC (TDS) is now sending “Intermediate Default Communication” for PAN Errors and Short Payments, which can be corrected during the interim period of a week of filing TDS Statements, before CPC (TDS) proceeds with computing Defaults for the relevant statement.
  7. User-friendly Online Correction facility can be used for Correction of Deductees, Tagging Unmatched Challans and Payment of Fees/ Interest. (Please navigate to Defaults tab to locate Request for Correction from the drop-down menu. For any assistance, please refer to the e-tutorial available on TRACES).
  8. Aggregated TDS Compliance Report assists the PAN of the Deductor to administer TDS Defaults for associated TANs and to take appropriate action.
  9. The Deductor’s Dashboard provides you all necessary information to assist you in “Compliance Self-Assessment” and to take appropriate action.
  10. Non-filing Self-declaration can be made by navigating to Statements / Payments menu and submit details under Declaration for Non-Filing of Statements.
  11. PAN Verification and Consolidated TAN – PAN File facility on TRACES can be used for verifying the deductees.
  12. The Conso Files and Justification Reports downloaded from TRACES help you to identify errors in submission of revised Quarterly TDS Statements.

Source: www.tdsman.com

Action and Impact of PANs either "Not Available" or "Invalid" in TDS Quarter Return For Asstt. Year 2015-16.

Recently CPC (TDS) has found that while submitting TDS Return by TDS Deductor, Deductees reported in TDS Return PAN "Not Available" or "Invalid" even though  TDS Deductees reported with more than Rs. 50000/- TDS Amount in Quarter.  In this connection CPC (TDS) has issued a communication regarding the impact & action to be taken in this situation.  The details is as under :

Centralized Processing Cell (TDS) has observed from its records that though you have reported deductees with more than Rs. 50,000 of TDS in your Quarterly TDS statements, but the PANs are either "Not Available" or "Invalid". The "Invalid" PANs appear structurally valid, however, they are actually incorrect, as they are not available in the PAN Master records.

Please note the following details in reference to your TDS statements for Financial Year 2013-14 only for Form types 24Q & 26Q:


Immediate Attention:
Quarter wise details of PANs and transactions, where such errors have been identified are available in the Justification Reports that can be downloaded from TRACES. Therefore, you may take immediate steps to correct Invalid/ Incorrect PANs that have been reported in the statement. In case, the PAN was Not Available / Applied For at the time of reporting the transaction, the deductee may be contacted and respective PAN may be replaced.

What is the impact:
The impact of such errors is significant in nature, in view of following:

  • You would not have been able to generate TDS Certificates for deductees with such PANs. In case, you have issued TDS Certificates outside TRACES, they will not be valid.
  • In view of CBDT circulars 04/2013 dated 17.04.2013, No. 03/2011 dated 13.05.2011 and No. 01/2012 dated 09.04.2012, it may kindly be noted that the TDS Certificates downloaded only from TRACES Portal will be valid. Certificates issued in any other form or manner will not comply to the requirements referred in the Income-tax Act 1961 read with relevant Rules and Circulars issued in this behalf from time to time.
  • Correct TDS Credits in 26AS statements to the taxpayers will not be available and they will not be able to avail the same, while filing their Income Tax Returns.
  • As per section 206AA of the Income Tax Act, the tax is to be deducted at a higher rate, in case of "Not Available/ Invalid PANs". Therefore, Short Deduction, including Interest is charged, if the tax has not been deducted at higher rate or Section Rate, whichever is higher, as per the provisions of section 206AA.

What actions to be taken:

  • TRACES provides for a user friendly "Online Correction facility with Digital Signatures" for correction of PANs. To avail the facility, you are requested to Login to TRACES and navigate to "Defaults" tab to locate "Request for Correction" from the drop-down menu. For any assistance, please refer to the e-tutorial available on TRACES.
  • You may also download the Conso Files and Justification Reports from TRACES to identify the above errors and submit C5 Correction Statement to correctly complete the details of the deductees.
  • PAN Verification facility on TRACES can be used for verifying the deductees. You are requested to Login to TRACES and navigate to "Dashboard" to locate "PAN Verification" in the Quick Links menu.
  • You can make use of the "Consolidated TAN - PAN File" that includes all the valid PANs attached with the respective TANs. To avail the facility, Login to TRACES and navigate to "Dashboard" to locate "Consolidated TAN - PAN File".

You can refer to our e-tutorial and FAQs on "TRACES" website for necessary help. For any further assistance, you can also write to ContactUs@tdscpc.gov.in or call our toll-free number 1800 103 0344.

CPC (TDS) is committed to provide best possible services to you.

CPC (TDS) TEAM

Source: TRACES

A useful Hand Book for TDS/TCS Deductor or Collector by CPC for Asstt. Year 2015-16.

The TDS - Centralized Processing Cell has been published a Hand Book for TDS Deductor or TCS Collector which is very useful for Asstt. Year 2015-16.

Tax Deduction at Source (TDS) is one of the means of collection of direct taxes. TDS constitutes nearly 40% of the direct tax collections.

In the legacy system, the deductees claimed TDS credits based on manual TDS certificates, issued by the deductors. There was no correlation between tax deductions, tax payments and issuance of TDS certificates. Verification from the deductor was limited & restricted. Thus, the conventional practice of giving credit of tax deductions, based on manual TDS certificates was open ended leading to tax frauds.

The tax deductors electronically report TDS to the Income Tax Department through quarterly TDS statements. The deductor is obliged to report the following details:
  • PAN & Name of the deductee;
  • Nature, extent & the date of transaction;
  • Amount, rate & the date of tax deducted/collected at Source;
  • Details of tax payment including the amount & date thereof
Based on the information submitted by the deductor, the deductee is given credit of taxes. Therefore, a robust mechanism that ensures correct, reliable flow of data to the department’s database and its collation on the basis of taxpayer identifier(s) (PAN) prevents revenue leakage.

Centralized Processing Cell for TDS (CPC(TDS)) has been conceptualized to ensure a seamless flow of data for tax credits. It leverages technology to provide efficient services. CPC(TDS) introduces transparency in the processes through online display of information. Thus, it forms the backbone of overall TDS administration of the Income Tax Department.

Concepts of Hand Book :
  • Centralized Processing Cell (TDS) is a technology driven transformational initiative on ‘Tax Deduction at Source’ that provides a comprehensive solution through ‘Tax Deduction, Reconciliation, Analysis and Correction Enabling System (TRACES)’ - its core engine.
  • CPC (TDS) undertakes bulk processing of TDS statements to generate ‘Annual Tax Credit’ statements for each taxpayer (PAN holder) in Form 26AS, TDS certificates in Form 16 / 16A & identifies TDS defaults of short payment, short deduction, interest etc.
  • CPC (TDS) reconciles and co-relates information from various sources including banks (tax payment), deductors (reporting tax deduction), Assessing Officers ( mapping no tax / low tax deductions) and tax professionals (reporting international transactions).
With its inclusive approach, the initiative provides bouquet of services to its stake holders including deductors, deductees, Principal Accounts Officers of the Central and State Governments & the officers of the Income Tax Department.

The users/ stakeholders interact with the CPC (TDS) system and with each other through multiple channels of communication including Call Centre, e-mail, website etc.

Download TDS Hand Book for TDS/TCS Deductors