Tax Deducted at Source
Tax Deducted at Source (TDS) is a means of collecting income tax in India, governed under the Indian Income Tax Act of 1961. It is managed by the Central Board for Direct Taxes (CBDT) and is part of the Department of Revenue managed by Indian Revenue Service (IRS).It has a great importance while conducting Tax Audits.
Section 194IA of Income Tax Act.
- This provision is applicable in respect of transactions effected on or after June 1, 2013.
- It seeks deduction of tax at source on transfer of certain immovable property other than agricultural land
- Any person being a transferee who is liable to pay to a resident by way of consideration for transfer of any immovable property shall at the time of credit of such sum to the account of the transferor or at the time of payment in whatever manner, has to deduct tax at source at 1%.
- The rate of deduction will go up to 20% in case the seller does not disclose his PAN No.
Section 194C of Income Tax Act - Tax need to be deducted 1% (for individual, HUF)/ 2% (for others) of payment where payment is made for carrying out any work (including supply of labour for carrying out any work and advertisemenrs) by a contractor/sub-contractor. Such work must be in pursuance of a contract (including sub contract) between the contractor and payer. TDS is to be made at the time of credit to the account of contractor or at the time of payment in cash or by cheque or draft or by any other mode whichever is earlier
TDS on Rent
Section 194I covers TDS on Rent  and the present TDS rates in case of Land and Building rent is 10% and in case of Machinery it is 2%.
A deductor is required to issue a TDS certificate to the deductee within a specified time.
He has to issue TDS Certificates within one month of the next financial year.
- Disallowance u/s. 40(a) (ia) of Income Tax Act, 1961 (Act)
- Raising of demand u/s. 201(1) of the Act
- Charging of Interest u/s. 201(1A) of the Act.
- Levying penalty u/s. 271C of the Act