tds corner

THE COMMISSIONER OF INCOME TAX (TDS), MUMBAI

Vide order dated 09.02.2015 in Write Petition No. 771 of 2014 in the case of Rashmikant Kundalia and another V/s. Union of India and others, the constitutional validity of section 234E of the Income Tax Act, 1961 is up held by the Hon’ble Bombay High Court. As per the data available with this office an amount of Rs. 263.23 crores is collectible u/s. 234E of the I.T Act, 1961. Therefore, all the TAN holders falling under the jurisdiction of CIT(TDS) – 1 & 2, Mumbai are requested to comply with the order of the Hon’ble High court.

1. About us : The office of the Chief Commissioner of Income Tax (TDS), Mumbai is located on the Marine Drive at the 10^th Floor of Mrs. K G Mittal Ayurvedic Pracher Sanstha Building, Charni Road (West), Mumbai-400002. It has jurisdiction over cases lying within the territorial limits of Municipal Corporation of Greater Mumbai and Navi Mumbai.

Contact us: Tel No. 022 – 22812323 / 22819125 / 22819184 E mail address :

2. Organisational Structure: The TDS Wing in Mumbai is headed by the Chief Commissioner of Income Tax (TDS). The Chief Commissioner of Income Tax (TDS) has two Commissioners of Income Tax (TDS) i.e. Commissioner of Income Tax (TDS)-1 and Commissioner of Income Tax (TDS)-2, who report directly to him. There are three Ranges under each Commissioner of Income Tax (TDS) headed by Jt. / Addl. Commissioner of Income (TDS) Range i.e. Range Heads. Each Jt. / Addl. Commissioner has at least one Asstt. / Dy. Commissioner of Income Tax working under him. The Asstt. / Dy. Commissioner heads a Circle. In addition to Circles, there are Wards headed by ITOs who also function under the control of the Range Head. The jurisdiction of each Range is created on the basis of alphabets. The alphabet-wise jurisdiction of the Ranges is as under:-

Commissioner of Income Tax (TDS)-1, Mumbai (Range-wise alphabet-wise jurisdiction)
Addl. CIT (TDS) Range 1(1)	First names begin with the alphabet “A” or “B” or “C”
Addl. CIT (TDS) Range 1(2)	First names begin with the alphabet ‘D’ or ‘E’ or ‘F’ or ‘G’ or ‘H’ or ‘I’
Addl. CIT (TDS) Range 1(3)	First names begin with the alphabet ‘J’ or ‘K’ or ‘L’ or ‘M’

Commissioner of Income Tax (TDS)-2, Mumbai (Range-wise alphabet-wise jurisdiction)
Addl. CIT (TDS) Range 2(1)	First names begin with the alphabet ‘O’ or ‘P’ or ‘Q’ or “R’
Addl. CIT (TDS) Range 2(2)	First names begin with the alphabet ‘S’
Addl. CIT (TDS) Range 2(3)	First names begin with the alphabet ‘N’ or ‘T’ or ‘U’ or ‘V’ or ‘W’ or ‘X’ or ‘Y’ or ‘Z’

3. TDS: An Overview: Prior to restructuring of the Income Tax Department in 2001, there was no separate TDS Charge and each Commissioner handled TDS matters pertaining to cases in his/ her charge. As a result of restructuring, and with a view to effectively monitor TDS related matters, a separate Commissionerate for TDS was created in 2001.The Commissionerate for TDS in Mumbai is one of the largest in India in terms of Revenue Collection. The jurisdiction of this office stretches over the areas lying within the territorial limits of Municipal Corporation of Greater Mumbai and Navi Mumbai in the State of Maharashtra and is vested with all powers and functions relating to Deduction of Tax or Collection of Tax under Chapter XVII of the Income tax Act, 1961 including related powers and functions under chapter XIII-C, XXI, XXII and XXIII of the said Act, other than sections 194E, 195, 196A, 196B, 196C, 196D and 197 in so far as assigned to Commissioners of Income-tax(International Taxation).

4. TDS over the years: “Pay As You Earn”. TDS or Tax Deduction at Source is an important and effective tool for Tax Collection. World over, it has been adopted by Tax regimes as it strives to create a participative governance with the citizens participating in the act of tax collection. The Income Tax Act, 1961 casts responsibilities on certain categories of payers to deduct taxes from the payees at prescribed rates on certain transactions (sub link to be provided). As a result of this tax is collected at the earliest point of time. This speeds up the process of collection of Revenue to be deployed for national growth. With new amendments coming each year the scope of TDS is getting more and more widened and more and more transactions are coming under the purview of TDS.

5. Sections and Rates for Deduction of Tax: TDS (Tax Deduction at source) RATES FOR FINANCIAL YEAR 2017-18

Rates for tax deduction at source

[As amended by Finance Act, 2017]

[For Assessment year 2018-19]

Particulars	TDS Rates (in %)
1. In the case of a person other than a company
1.1 where the person is resident in India-
Section 192: Payment of salary	Normal Slab Rate
Section 192A: Payment of accumulated balance of provident fund which is taxable in the hands of an employee.	10
Section 193: Interest on securities
a) any debentures or securities for money issued by or on behalf of any local authority or a corporation established by a Central, State or Provincial Act;	10
b) any debentures issued by a company where such debentures are listed on a recognised stock exchange in accordance with the Securities Contracts (Regulation) Act, 1956 (42 of 1956) and any rules made thereunder;	10
c) any security of the Central or State Government;	10
d) interest on any other security	10
Section 194: Dividend other than the dividend as referred to in Section 115-O	10
Section 194A: Income by way of interest other than “Interest on securities”	10
Section 194B: Income by way of winnings from lotteries, crossword puzzles, card games and other games of any sort	30
Section 194BB: Income by way of winnings from horse races	30
Section 194C: Payment to contractor/sub-contractor
a) HUF/Individuals	1
b) Others	2
Section 194D: Insurance commission	5
Section 194DA: Payment in respect of life insurance policy	1
Section 194EE: Payment in respect of deposit under National Savings scheme	10
Section 194F: Payment on account of repurchase of unit by Mutual Fund or Unit Trust of India	20
Section 194G: Commission, etc., on sale of lottery tickets	5
Section 194H: Commission or brokerage	5
Section 194-I: Rent
a) Plant & Machinery	2
b) Land or building or furniture or fitting	10
Section 194-IA: Payment on transfer of certain immovable property other than agricultural land	1
Section 194-IB:Payment of rent by individual or HUF not liable to tax audit Note: This provision is applicable from June 1, 2017	5
Section 194-IC:Payment of monetary consideration under Joint Development Agreements	10
Section 194J: Any sum paid by way of a) Fee for professional services, b) Fee for technical services c) Royalty, d) Remuneration/fee/commission to a director or e) For not carrying out any activity in relation to any business f) For not sharing any know-how, patent, copyright etc. Note: With effect from June 1, 2017 the rate of TDS would be 2% in case of payee engaged in business of operation of call center.	10
Section 194LA: Payment of compensation on acquisition of certain immovable property Note: With effect from April 1, 2017, no deduction of tax shall be made on any payment which is exempt from levy of income-tax under Right to Fair Compensation Act, 2013.	10
Section 194LBA(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 holders.	10
Section 194LBB: Investment fund paying an income to a unit holder [other than income which is exempt under Section 10(23FBB)]	10
Section 194LBC: Income in respect of investment made in a securitisation trust (specified in Explanation of section115TCA)	25% in case of Individual or HUF 30% in case of other person
Any Other Income	10
1.2 where the person is not resident in India-
Section 192: Payment of Salary	Normal Slab Rate
Section 192A: Payment of accumulated balance of provident fund which is taxable in the hands of an employee.	10
Section 194B: Income by way of winnings from lotteries, crossword puzzles, card games and other games of any sort	30
Section 194BB: Income by way of winnings from horse races	30
Section 194E: Payment to non-resident sportsmen/sports association	20
Section 194EE: Payment in respect of deposits under National Savings Scheme	10
Section 194F:Payment on account of repurchase of unit by Mutual Fund or Unit Trust of India	20
Section 194G: Commission, etc., on sale of lottery tickets	5
Section 194LB: Payment of interest on infrastructure debt fund	5
Section 194LBA(2): Business trust shall deduct tax while distributing any interest income received or receivable by it from a SPV to its unit holders.	5
Section 194LBA(3): Business trust shall deduct tax while distributing any income received from renting or leasing or letting out any real estate asset owned directly by it to its unit holders.	30
Section 194LBB: Investment fund paying an income to a unit holder [other than income which is exempt under Section 10(23FBB)].	30
Section 194LBC: Income in respect of investment made in a securitisation trust (specified in Explanation of section115TCA)	30
Section 194LC: Payment of interest by an Indian Company or a business trust in respect of money borrowed in foreign currency under a loan agreement or by way of issue of long-term bonds (including long-term infrastructure bond) Note: With effect from April 1, 2018 benefit of such concessional TDS rate has been further extended by three years. Now TDS at concessional rate of 5% will be applicable for borrowings made before July 1, 2020.	5
Section 194LD: Payment of interest on rupee denominated bond of an Indian Company or Government securities to a Foreign Institutional Investor or a Qualified Foreign Investor Note: With effect from April 1, 2018 benefit of such concessional TDS rate has been further extended by three years. Now TDS at concessional rate of 5% will be applicable for borrowings made before July 1, 2020.	5
Section 195: Payment of any other sum to a Non-resident
a) Income in respect of investment made by a Non-resident Indian Citizen	20
b) Income by way of long-term capital gains referred to in Section 115E in case of a Non-resident Indian Citizen	10
c) Income by way of long-term capital gains referred to in sub-clause (iii) of clause (c) of sub-Section (1) of Section 112	10
d) Income by way of short-term capital gains referred to in Section 111A	15
e) Any other income by way of long-term capital gains [not being long-term capital gains referred to in clauses (33), (36) and (38) of Section 10]	20
f) Income by way of interest payable by Government or an Indian concern on moneys borrowed or debt incurred by Government or the Indian concern in foreign currency (not being income by way of interest referred to in Section 194LB or Section 194LC)	20
g) Income by way of royalty payable by Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern where such royalty is in consideration for the transfer of all or any rights (including the granting of a licence) in respect of copyright in any book on a subject referred to in the first proviso to sub-section (1A) of Section 115A of the Income-tax Act, to the Indian concern, or in respect of any computer software referred to in the second proviso to sub-section (1A) of Section 115A of the Income-tax Act, to a person resident in India	10
h) Income by way of royalty [not being royalty of the nature referred to point g) above E] payable by Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern and where such agreement is with an Indian concern, the agreement is approved by the Central Government or where it relates to a matter included in the industrial policy, for the time being in force, of the Government of India, the agreement is in accordance with that policy	10
i) Income by way of fees for technical services payable by Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern and where such agreement is with an Indian concern, the agreement is approved by the Central Government or where it relates to a matter included in the industrial policy, for the time being in force, of the Government of India, the agreement is in accordance with that policy	10
j) Any other income	30
Section 196B: Income from units (including long-term capital gain on transfer of such units) to an offshore fund	10
Section 196C: Income from foreign currency bonds or GDR of an Indian company (including long-term capital gain on transfer of such bonds or GDR)	10
Section 196D: Income of foreign Institutional Investors from securities (not being dividend or capital gain arising from such securities)	20
2. In the case of a company-
2.1 where the company is a domestic company-
Section 193: Interest on securities
a) any debentures or securities for money issued by or on behalf of any local authority or a corporation established by a Central, State or Provincial Act;	10
b) any debentures issued by a company where such debentures are listed on a recognised stock exchange in accordance with the Securities Contracts (Regulation) Act, 1956 (42 of 1956) and any rules made thereunder;	10
c) any security of the Central or State Government;	10
d) interest on any other security	10
Section 194: Dividend	10
Section 194A: Income by way of interest other than “Interest on securities”	10
Section 194B: Income by way of winnings from lotteries, crossword puzzles, card games and other games of any sort	30
Section 194BB: Income by way of winnings from horse races	30
Section 194C: Payment to contractor/sub-contractor
a) HUF/Individuals	1
b) Others	2
Section 194D: Insurance commission	10
Section 194DA: Payment in respect of life insurance policy	1
Section 194EE: Payment in respect of deposit under National Savings scheme	10
Section 194F: Payment on account of repurchase of unit by Mutual Fund or Unit Trust of India	20
Section 194G: Commission, etc., on sale of lottery tickets	5
Section 194H: Commission or brokerage	5
Section 194-I: Rent
a) Plant & Machinery	2
b) Land or building or furniture or fitting	10
Section 194-IA:Payment on transfer of certain immovable property other than agricultural land	1
Section 194-IC:Payment of monetary consideration under Joint Development Agreements	10
Section 194J: Any sum paid by way of a) Fee for professional services, b) Fee for technical services c) Royalty, d) Remuneration/fee/commission to a director or e) For not carrying out any activity in relation to any business f) For not sharing any know-how, patent, copyright etc. Note: With effect from June 1, 2017 the rate of TDS would be 2% in case of payee engaged in business of operation of call center.	10
Section 194LA: Payment of compensation on acquisition of certain immovable property Note: With effect from April 1, 2017, no deduction of tax shall be made on any payment which is exempt from levy of income-tax under Right to Fair Compensation Act, 2013.	10
Section 194LBA(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 holders.	10
Section 194LBB: Investment fund paying an income to a unit holder [other than income which is exempt under Section 10(23FBB)] .	10
Section 194LBC: Income in respect of investment made in a securitisation trust (specified in Explanation of section115TCA)	10
Any Other Income	10
2.2 where the company is not a domestic company-
Section 194B: Income by way of winnings from lotteries, crossword puzzles, card games and other games of any sort	30
Section 194BB: Income by way of winnings from horse races	30
Section 194E: Payment to non-resident sports association	20
Section 194G: Commission, etc., on sale of lottery tickets	5
Section 194LB: Payment of interest on infrastructure debt fund	5
Section 194LBA(2): Business trust shall deduct tax while distributing any interest income received or receivable by it from a SPV to its unit holders.	5
Section 194LBA(3): Business trust shall deduct tax while distributing any income received from renting or leasing or letting out any real estate asset owned directly by it to its unit holders.	40
Section 194LBB: Investment fund paying an income to a unit holder [other than income which is exempt under Section 10(23FBB)].	40
Section 194LBC: Income in respect of investment made in a securitisation trust (specified in Explanation of section115TCA)	40
Section 194LC: Payment of interest by an Indian Company or a business trust in respect of money borrowed in foreign currency under a loan agreement or by way of issue of long-term bonds (including long-term infrastructure bond) Note: With effect from April 1, 2018 benefit of such concessional TDS rate has been further extended by three years. Now TDS at concessional rate of 5% will be applicable for borrowings made before July 1, 2020.	5
Section 194LD:Payment of interest on rupee denominated bond of an Indian Company or Government securities to a Foreign Institutional Investor or a Qualified Foreign Investor Note: With effect from April 1, 2018 benefit of such concessional TDS rate has been further extended by three years. Now TDS at concessional rate of 5% will be applicable for borrowings made before July 1, 2020.	5
Section 195: Payment of any other sum
a) Income by way of long-term capital gains referred to in sub-clause (iii) of clause (c) of sub-section (1) of Section 112	10
b) Income by way of short-term capital gains referred to in Section 111A	15
c) Any other income by way of long-term capital gains [not being long-term capital gains referred to in clauses (33), (36) and (38) of Section 10]	20
d) Income by way of interest payable by Government or an Indian concern on moneys borrowed or debt incurred by Government or the Indian concern in foreign currency (not being income by way of interest referred to in Section 194LB or Section 194LC)	20
e) Income by way of royalty payable by Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern after the 31st day of March, 1976 where such royalty is in consideration for the transfer of all or any rights (including the granting of a licence) in respect of copyright in any book on a subject referred to in the first proviso to sub-section (1A) of Section 115A of the Income-tax Act, to the Indian concern, or in respect of any computer software referred to in the second proviso to sub-section (1A) of Section 115A of the Income-tax Act, to a person resident in India	10
f) Income by way of royalty [not being royalty of the nature referred to in point e) above C] payable by Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern and where such agreement is with an Indian concern, the agreement is approved by the Central Government or where it relates to a matter included in the industrial policy, for the time being in force, of the Government of India, the agreement is in accordance with that policy—
A. where the agreement is made after the 31st day of March, 1961 but before the 1st day of April, 1976	50
B. where the agreement is made after the 31st day of March, 1976	10
g) Income by way of fees for technical services payable by Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern and where such agreement is with an Indian concern, the agreement is approved by the Central Government or where it relates to a matter included in the industrial policy, for the time being in force, of the Government of India, the agreement is in accordance with that policy—
A. where the agreement is made after the 29th day of February, 1964 but before the 1st day of April, 1976	50
B. where the agreement is made after the 31st day of March, 1976	10
h) Any other income	40
Section 196B: Income from units (including long-term capital gain on transfer of such units) to an offshore fund	10
Section 196C: Income from foreign currency bonds or GDR of an Indian company (including long-term capital gain on transfer of such bonds or GDR)	10
Section 196D: Income of foreign Institutional Investors from securities (not being dividend or capital gain arising from such securities)	20

Various Threshold Limits under the Income Tax Act

[AY 2017-18]

[As amended by Finance Act, 2016]

S.N.	Particulars	Section	Threshold Limits
	Deduction of tax at source and Advance tax
1.	No deduction of tax at source from salaries	192	If net taxable income is less than maximum amount which is not chargeable to tax (Rs. 2,50,000 for an individual, Rs. 3,00,000 for Senior Citizens and Rs. 5,00,000 for Super Senior Citizens)
1A	No TDS from payment of provident fund account of an employee	192A	If amount paid is less than Rs. 30,000. (Rs. 50,000 w.e.f. 1-6-2016)
2.	No TDS from interest paid on debentures issued by a company in which public are substantially interested. Provided interest is paid by account payee cheque to resident individual or HUF	193	If amount paid or payable during the financial year does not exceed Rs. 5,000
3.	No TDS from interest on 8% Saving (Taxable) Bonds 2003 paid to a resident persons	193	If amount paid or payable during the financial year does not exceed Rs. 10,000
3A.	No TDS from interest on 6.5% Gold bonds, 1977 or 7% Gold bonds, 1980 paid to resident individual	193	If a declaration is made that the nominal value of such bonds did not exceed Rs. 10,000 at any time during the previous year
4.	No TDS from dividend paid by account payee cheque to resident persons	194	If amount paid or payable during the financial year does not exceed Rs. 2,500
5.	No TDS from interest (other than on interest on securities) paid by a banking company, co-operative bank or specified public company on time deposits Note: With effect from 01.06.2015, tax shall be deducted from interest credited or paid by a co-operative bank to its member	194A	If amount paid or payable during the financial year does not exceed Rs. 10,000 Note: a) With effect from 01.06.2015, time deposit shall also include recurring deposit. Therefore, tax shall be deduction from payment of interest on recurring deposit if it exceeds the threshold limit of Rs. 10,000. b) The threshold limit of Rs. 10,000 shall be computed with reference to the income credited or paid by a banking company or co-operative bank (and not by individual branch thereof) which has adopted core banking solutions (‘CBS’).
6.	No TDS from payment of interest on deposit with a post office under Senior Citizens Saving Scheme Rules, 2004	194A	If amount paid or payable during the financial year does not exceed Rs. 10,000
7.	No TDS from interest other than on securities (in any other case)	194A	If amount paid or payable during the financial year does not exceed Rs. 5,000
8.	No TDS from interest on compensation awarded by payment of Motor Accident Claims Tribunal	194A	If amount paid during the financial year does not exceed Rs. 50,000 Note: With effect from 01.06.2015, no tax shall be deducted at the time of credit of interest on compensation awarded by the Motor Accidents Claims Tribunal.
9.	No TDS from Lottery / Cross Word Puzzles	194B	If amount paid or payable during the financial year does not exceed Rs. 10,000
10.	No TDS from winnings from horse races	194BB	If amount paid or payable during the financial year does not exceed Rs. 5,000 (Rs. 10,000 w.e.f. 1-6-2016)
11.	No TDS from sum paid or payable to contractor	194C	a) If sum paid or payable to a contractor in a single payment does not exceed Rs. 30,000 b) If sum paid or payable to contractor in aggregate does not exceed Rs. 75,000 during the financial year (Rs. 1,00,000 w.e.f. 1-6-2016)
12.	No TDS from insurance commission paid or payable during the financial year	194D	If amount paid or payable during the financial year does not exceed Rs. 20,000 (Rs. 15,000 w.e.f. 1-6-2016)
12A	No TDS from sum payable under a life insurance a police (including bonus) to a resident (w.e.f. 01-10-2014) person	194DA	If amount paid or payable during the financial year does not exceed Rs. 1 lakh
13.	No TDS from payments made out of deposits under NSS	194EE	If amount paid or payable during the financial year does not exceed Rs. 2,500
14.	No TDS from commission paid on lottery tickets	194G	If amount paid or payable during the financial year does not exceed Rs. 1,000 (Rs. 15,000 w.e.f. 1-6-2016)
15.	No TDS from payment of commission or brokerage	194H	If amount paid or payable during the financial year does not exceed Rs. 5,000 (Rs. 15,000 w.e.f. 1-6-2016). Further no tax to be deducted from commission payable by BSNL/ MTNL to their PCO Franchisees.
16.	No TDS from payment of rent in respect of land &building, furniture or fittings or plant and machinery	194-I	If amount paid or payable during the financial year does not exceed Rs. 1,80,000
17.	No TDS from payment of consideration for purchase of an immovable property (other than agriculture land)	194-IA	If amount paid or payable during the financial year does not exceed Rs. 50 Lakhs
18.	No TDS from payment of professional fees, technical fees, royalty and directors’ remuneration	194J	If amount paid or payable during the financial year does not exceed Rs. 30,000
19.	No TDS from payment of compensation on compulsory acquisition of immovable property (other than Agricultural Land)	194LA	If amount paid or payable during the financial year does not exceed Rs. 2 Lakhs (Rs. 2.5 Lakhs w.e.f. 1-6-2016)
20.	Furnishing of quarterly return in respect of payment of interest (other than interest on securities) to residents without deduction of tax	206A	If amount paid or payable during the financial year does not exceed: a) Rs.10,000 where payer is banking company or co-operative society; b) Rs.5,000 in other case
21.	Every person, being a seller, who receives any amount in cash as consideration for sale of bullion or jewellery or any other goods (other than bullion or jewellery) or providing any service, shall, at the time of receipt of such amount in cash, collect from the buyer income-tax.	206C	1% of sale consideration shall be collected as income-tax if such consideration: a) for bullion (excluding any coin or article weighing 10 grams or less), exceeds Rs. 2,00,000 b) for jewellery, exceeds Rs.5,00,000 c) for any other goods, exceeds Rs. 2,00,000 d) for any service, exceeds Rs. 2,00,000
21A.	Every person being a seller who receives any amount as consideration for sale of motor vehicle shall collect tax at source at the rate of 1% of sale consideration.	206C	If sale value of motor vehicle exceeds Rs. 10,00,000
22.	A person (not being a banking company) carrying on any business or profession in India may file an application for certificate authorizing receipt of interest and other sums without deduction of tax under section 195 (Subject to certain conditions).	Rule 29B	If he has been carrying on business or profession in India continuously for a period of not less than 5 years immediately preceding the date of the application and the value of the fixed assets in India of such business or profession as shown in his relevant books for the earlier year exceeds Rs.50,00,000
23.	Any person responsible for paying to a non-resident, not being a company, or to a foreign company, any interest or salary or any other sum chargeable to tax under the provisions of the Act, shall furnish information.	Rule 37BB	In Part A of Form No. 15CA if the amount of payment doesn’t exceed Rs. 5,00,000 in aggregate during the financial year In Part B of Form No. 15CA if the amount of payment exceeds Rs. 5,00,000 in aggregate during the financial year and a certificate u/s 195(2)/ 195(3)/ 197 of Income-tax Act has been obtained from the Assessing Officer. In Part C of Form No. 15CA if the amount of payment exceeds Rs. 5,00,000 in aggregate during the financial year and a certificate in Form No. 15CB has been obtained from a Chartered Accountant.
23A.	Any person responsible for paying to a non-resident, not being a company, or to a foreign company, any sum not chargeable to tax under the provisions of the Act, shall furnish information.	Rule 37BB	In Part D of Form No. 15CA. However, there is no reporting requirement in following cases:- i) If payment is made by an individual and it is permissible under Liberalized Remittance Scheme. ii) If remittance is covered under the Specified list
24.	Liability for payment of advance tax	208	Taxpayer is liable to pay advance-tax if his advance tax liability exceeds Rs. 10,000

6. Due Dates for filing of quarterly TDS Statements:

S.No.	Quarter ending on	Due date for Government deductors	Due date for deductors other than Government deductors
1	30^th June	31^st July	15^th July
2	30^th September	31^st October	15^th October
3	31^st December	31^st January	15^th January
4	31^st March	15^th May of the following year	15^th May of the following year

Due date for ETDS return 24Q,26Q ,27Q and Form 16 and Form 16B
Sl. No.	Quarter ending	From 01.11.2011 For Govt offices		For other deductors
Sl. No.	Quarter ending	Etds return	Form 16/ 16A	Etds return	Form 16/ 16A
1	30th June	31st July	15th August	15th July	30th July
2	30th September	31st October	15th November	15th October	30th October
3	31st December	31st January	15th Feburary	15th January	30th January
4	31st March	15th May	30th May (31st May for form 16)	15th May	30th May (31st May for form 16)

It may be noted that Form No. 16 is for TDS on Salaries and Form No. 16 A is for Income other than Salary. Form No. 16 B is for TDS on purchase of property u/s 194 IA, while Form No. 26QB is for the seller of that Property. Mode of filing of returns, defaults and penalties, prosecution and compounding of offences: Mode of filing: In the following cases the deductors TDS statement shall be filed electronically:

the Government deductor, or
the principal officer of a company, or
the deductor is a person who is required to get his accountsaudited under section 44AB in the immediately preceding financial year,or
the number of deductee’s records in a statement for anyquarter of the financial year are twenty or more.

7. Late filing Fees u/s 234E: Late filing fee u/s 234E is a statutory provision and it cannot be waived. Therefore, deductors are advised to file TDS statements in time to avoid it.

8. Proper and timely filing of TDS statements: Deductors are advised to file TDS statements timely and properly to avoid infructous demands and other complications/ litigations. In cases where there is a mismatch between the figures in Form 26AS and the figures in TDS returns, it is useful to download the justification report from www.tdscpc.gov.in. A justification report is a document which serves as an annexure to the intimation to be sent to the deductor. Intimation will be sent to the deductor through mail/post but a justification report will have to be downloaded from the portal.(Hyper link to TRACES www.tdscps.gov.in FAQ, Q. No. 227 to 231).A justification report contains the reasons for the demands that have been raised by the TDS Wing in the case of an assessee. For any query related to down loading from TRACES (TDS Reconciliation Analysis and Correction Enabling System) website, i.e. www.tdscps.gov.in following helpline numbers may be dialed: Toll free no. 1800 103 0344 Tel. no. 0120 4814600

9. Downloading of Forms 16, 16A and 16B Form 16, 16 and 16B (i.e. TDS Certificates) are now to be issued mandatorily by downloading the same from the TRACES website ( www.tdscps.gov.in ) only and deductors are advised not to issue TDS Certificates manually so that further difficulty may be avoided.

10. Lower TDS Certificates u/s.197: Section 197 of the Income Tax Act, 1961 provides for the facility of NIL deduction of tax at source or at a deduction at a Lower rate of tax. To avail of this benefit the assessee whose TDS is likely to be deducted on certain receipts should make an application before the TDS Assessing Officer who has a jurisdiction over his/ her/ its case. The assessee/ deductee concerned may apply for a certificate for Nil or lower deduction of TDS on their receipts in Form No 13( sub link). Delays in this matter can be avoided by filing the prescribed form correctly and submitting the required details along with the form itself. Guidelines for handling issues related to applications received u/s 197: In order to streamline the procedure of handling the applications received u/s 197 and disposing the same in a time bound manner in consonance with the Citizens’ charter, the commissioner of Income tax (TDS) has issued certain guidelines for the Assessing Officers. In a nutshell, these guidelines make it mandatory for the Assessing Officer to dispose of the applications u/s 197 within a time frame of 30 days from the end of the month in which application complete in ALL respect is received. The section 197 strikes a delicate balance between requirement of ensuring cash flow to the taxpayer and realizing government dues at the earliest. Taxpayers are, therefore, advised to file complete details required for processing the application in the first instance itself. This will expedite the issuance of certificate u/s 197.