Article contains Overview of Tax Deducted at Source and explains what is TDS, Who is supposed to deduct tax at source & When, What is the TDS Rates for FY 2020-21, When TDS Needs to Deposit to Govt., What are the TDS Returns and their Due Dates and What are the consequences in case of non-compliance (interest and penalty) with TDS provisions.
| What is TDS | Introduced to collect tax at the source from where an individual’s income is generated |
| Who is responsible for Tax Deduction at Source | Every person who makes payments as prescribed by TDS provisions |
| When is TDS deducted | When a payment is due or when actual payment is made; whichever is earlier |
| When TDS Needs to Deposit to Govt. | On the 7th of the Next month in which TDS is deducted. |
Tax Deducted at Source or TDS forms a major part of direct taxation mechanism The Government used TDS as a tool to collect tax at very source of income in order to minimize tax evasion and also relieves the taxpayer from the burden of paying taxes as a lump sum at the end of the financial year (FY). Under this, the responsible person is supposed to deduct a certain percentage of tax before making the payment to the receiver, such payments include rent, commission, professional fees, salary, interest, etc. The recipient of income will receive the net amount (after reducing TDS)
ABC Pvt. Ltd makes a payment of Rs 45,000/- towards professional fees to Mr. X, then ABC Pvt. Ltd shall deduct a tax of Rs 4,500/- and make a net payment of Rs 41,500/- (45,000/- deducted by Rs 4,500/-) to Mr. X. The amount of 4,500/- deducted by ABC Pvt. Ltd are going to be directly deposited to the credit of the govt .
Any person who is responsible for making payment of nature covered under the TDS provisions of Income Tax Act, 1961 shall be liable to deduct tax at source. But no TDS has to deducted if a person making the payment is an individual or HUF whose books are not required to be audited.
However, just in case of rent payments made by individuals and HUF exceeding Rs 50,000 per month, are required to deduct TDS @ 5% although the individual or HUF is not liable for a tax audit. Also, such Individuals and HUF liable to deduct TDS @ 5% needn’t apply for TAN.
Employer deducts TDS at the income tax slab rates applicable on Salary of Employees.
Banks deduct TDS on Interest income @10% if PAN is Provided, but in case of no PAN may deduct @ 20%. You can submit Form 15G and Form 15H to the bank if your total income is below taxable limit in order that they don’t deduct TDS on your interest income.
There are some cases where TDS is not Deducted such as:-
1. On declaration furnished by the payee on Form 15G or 15H.
2. Payment to Government/RBI/Statutory Corporation etc.
3. Exempt Incomes
4. On certificate issued by ITO u/s 197
5. Interest earned on NSC, KVP, or Indian Vikas Patra Scheme
6. Interest earned from recurring deposits or Savings Account opened in co-operative societies.
7. TDS is not Deducted on reimbursement of expenses like Travelling expenses, Management expenses, etc.
TDS is based on the simple premise that tax is deducted when a payment is due or when an actual payment is made; whichever is earlier.
| Section | Sources of Income/Expenses | Threshold Limit | TDS Rate (%) |
| 192 | Payment of Salary Income | As per the Income tax slab rate | As per the slab |
| 192 A | Premature withdrawal of Employee Provident Fund (EPF) | ₹ 50,000 | -10% |
UPDATE: As a part of the special and comprehensive economic package because of COVID-19 pandemic – Aatmanirbhar Bharat Abhiyaan, the below measures have been taken with respect to TDS and TCS:
The due dates for quarterly filing of TDS returns are as follows:
| Quarter | Quarter Period | Due date to file TDS return |
| 1st Quarter | April to June | On 31st July of the same F.Y. |
| 2nd Quarter | July to September | On 31st Oct of the same F.Y. |
| 3rd Quarter | October to December | On 31st Jan of the same F.Y. |
| 4th Quarter | January to March | On 31st May of the next F.Y. |
Several provisions are provided for instances where interest, fees and penalties are levied on non-compliance of TDS provisions which are:-
Consequences of non-deduction of TDS
If a deductor/collector fails to collect the tax at source, whole of such expenses are often disallowed u/s 40(a)(ia) from computation of total profits by the income tax assessing officer.
Late deduction of TDS
TDS is to be deducted at the time of payment/credit getting due or payment whichever is earlier. In case the tax at source is deducted after single day or few days of doing the payment of income, then simple interest (SI) at the rate of 1% per month on the amount of tax deducted at source will be levied subject to the maximum amount of TDS is levied.
Late payment of TDS
There is a specified monthly due date for depositing the TDS so collected, to the government. If deductors fail to do so, they need to pay simple interest on the total amount deducted as tax at the rate of 1.5% per month..
| Section | Nature of Default | Amount of Interest | Period |
| 201(1A) | Non-deduction of TDS, in whole or in part | 1% per month | From the date on which tax need to be deducted to the date on which tax is deducted |
| After deduction of TDS, non-payment of tax either in whole or in part | 1.5% per month | From the date of deduction to the date of the payment. |
Late filing of return of TDS
If the deductor fails to furnish the TDS return on or before the specified due date, he shall be liable to pay a penalty under section 234E of ₹ 200 per day till the date of default subject to the maximum amount of TDS is levied.