TDS Section & TDS Rate Charts

TDS Rate Chart & Comprehensive Guide - FY 2024-25 & 2025-26

📊 TDS Rate Chart & Comprehensive Guide

Financial Year 2024-25 & 2025-26

⚠️ This resource is for educational purposes only and does not constitute legal advice.

💰 TDS RATE CHARTS - Comparison FY 2024-25 & FY 2025-26

⚡ Important Notes:

  • PAN not furnished → Section 206AA: TDS @ 20% or higher of the applicable rate
  • "Specified persons" (non-filers) → Section 206AB: Higher of twice the rate, twice the rate in force or 5% (not applicable for 192, 192A, 194B, 194BB, 194LBC, 194N)

📌 A. Salary, Interest & Dividends

Section Nature of Payment FY 2024-25 (AY 2025-26) FY 2025-26 (AY 2026-27)
192 Salary At slab rates (as per regime opted – old/new) Same – slab rates
192A Premature withdrawal from EPF (taxable; > ₹50,000) Threshold: ₹50,000; Rate: 10% Same: ₹50,000; 10%
193 Interest on securities (Govt/company) Threshold: ₹10,000 p.a.; 10% Same: ₹10,000; 10%
194 Dividend (other than exempt) Threshold: ₹5,000; 10% Threshold raised to ₹10,000; 10%
194A Bank/post office interest (non-senior) Threshold: ₹40,000; 10% Threshold raised to ₹50,000; 10%
194A Bank/post office (senior citizen) Threshold: ₹50,000; 10% Threshold raised to ₹1,00,000; 10%
194A Other interest to resident Threshold: ₹5,000; 10% Threshold raised to ₹10,000; 10%

📌 B. Lotteries, Games & Horse Races

Section Nature FY 2024-25 FY 2025-26
194B Winnings from lottery, crossword puzzle, etc. Threshold: ₹10,000; Rate: 30% (aggregate basis) Threshold: ₹10,000 per transaction; Rate: 30%
194BA Winnings from online games (net winnings) No threshold; 30% Same: no threshold; 30%
194BB Winnings from horse race Threshold: ₹10,000; 30% (aggregate basis) Threshold: ₹10,000 per transaction; 30%

📌 C. Contractors, Commission, Brokerage & Professional Fees

Section Nature FY 2024-25 FY 2025-26
194C Payment to contractors/sub-contractors (resident) Threshold: ₹30,000 per contract or ₹1,00,000 p.a.; Rate: 1% (Individual/HUF), 2% (Others) Same thresholds & rates
194C Transporter (44AE) owning ≤10 goods carriages No TDS with PAN declaration Same – no TDS with valid declaration
194D Insurance commission (resident) Threshold: ₹15,000; Rate: 5% (non-company), 10% (company) Threshold: ₹20,000; Rate: 2% (non-company), 10% (company)
194DA Life insurance policy maturity (taxable portion) Threshold: ₹1,00,000; Rate: 5% up to 30-09-2024; 2% from 01-10-2024 Threshold: ₹1,00,000; Rate: 2% (full FY)
194EE NSS deposits under National Savings Scheme Threshold: ₹2,500; 10% Same
194G Commission on lottery tickets Threshold: ₹15,000; Rate: 5% → 2% from 01-10-2024 Threshold: ₹20,000; Rate: 2% (full FY)
194H Commission/brokerage Threshold: ₹15,000; Rate: 5% → 2% from 01-10-2024 Threshold: ₹20,000; Rate: 2% (full FY)
194J(a) Technical services, call centre, royalty Threshold: ₹30,000; 2% Threshold: ₹50,000; 2%
194J(b) Other professional services, director fees Threshold: ₹30,000; 10% Threshold: ₹50,000; 10%
194M Payments by Individual/HUF (non-audit) Threshold: ₹50,00,000; Rate: 5% → 2% from 01-10-2024 Threshold: ₹50,00,000; Rate: 2% (full FY)
194T Payments by partnership firms to partners (new) Not applicable NEW: Threshold: ₹20,000; Rate: 10%

📌 D. Rent & Immovable Property

Section Nature FY 2024-25 FY 2025-26
194I(a) Rent – Plant & Machinery Threshold: ₹2,40,000 p.a.; 2% Threshold: ₹50,000 per month; 2%
194I(b) Rent – Land/Building/Furniture Threshold: ₹2,40,000 p.a.; 10% Threshold: ₹50,000 per month; 10%
194IA Transfer of immovable property (other than agricultural land) Threshold: ₹50,00,000; Rate: 1% Same: ₹50,00,000; 1%
194IB Rent paid by Individual/HUF (not covered by 194I) Threshold: ₹50,000 per month; Rate: 5% → 2% from 01-10-2024 Threshold: ₹50,000 per month; 2% (full FY)
194IC Consideration under Joint Development Agreement No threshold; 10% Same: 10%
194LA Compensation on compulsory acquisition Threshold: ₹2,50,000; 10% Threshold: ₹5,00,000; 10%

📌 E. E-commerce, Purchase of Goods, Perquisites & VDAs

Section Nature FY 2024-25 FY 2025-26
194O Payment by e-commerce operator Threshold: ₹5,00,000; Rate: 1% → 0.1% from 01-10-2024 Threshold: ₹5,00,000; 0.1% (full FY)
194P TDS on specified senior citizens (≥75 yrs) No threshold; TDS at slab rates by bank Same
194Q Purchase of goods (buyer turnover > ₹10 Cr) Threshold: ₹50,00,000 p.a.; Rate: 0.1% Same: 0.1% on amount > ₹50 lakh
194R Benefits/perquisites from business Threshold: ₹20,000 p.a.; Rate: 10% Same: ₹20,000; 10%
194S Transfer of Virtual Digital Asset (VDA) Threshold: ₹10,000 (others)/₹50,000 (specified); 1% Same thresholds; 1%
194SP VDA consideration in kind/exchange (new split) Covered within 194S NEW: Threshold: ₹10,000; 1%

📌 F. Cash Withdrawals – Section 194N

Section Nature FY 2024-25 & 2025-26
194N Cash withdrawal - ITR filed for last 3 AYs TDS 2% on cash > ₹1 crore (₹3 crore for co-op banks)
194N Cash withdrawal - ITR not filed 2% on ₹20 lakh – ₹1 crore; 5% on amount > ₹1 crore

📌 G. Investment Fund/Business Trust Related Sections

Section Nature TDS Rate (Both FYs)
194K Income from units of mutual funds Threshold: ₹5,000 (FY 24-25) → ₹10,000 (FY 25-26); 10%
194LB Interest from infrastructure debt fund 5%
194LBA Income from units of business trust 5% or 10%/30% depending on clause
194LBB Income from investment fund (AIF) Residents: 10%; Non-residents: 30%/40%
194LBC Income from securitisation trust Residents: 10%/25%; Non-residents: 40%
194LD Interest on specified bonds/Govt securities 5%

🔄 Major Changes from FY 2024-25 to FY 2025-26

📈 Higher Thresholds

  • Dividends (194): ₹5,000 → ₹10,000
  • Bank interest (194A) non-senior: ₹40k → ₹50k
  • Bank interest (194A) senior: ₹50k → ₹1 lakh
  • Other interest (194A): ₹5k → ₹10k
  • Lottery commission (194G): ₹15k → ₹20k
  • Commission/brokerage (194H): ₹15k → ₹20k
  • Compensation (194LA): ₹2.5L → ₹5L

📉 Rate Reductions

  • 194D (Insurance commission): 5% → 2%
  • 194DA (Life insurance): 5% → 2%
  • 194G/194H/194IB/194M: 5% → 2%
  • 194O (E-commerce): 1% → 0.1%

🆕 New Sections

  • 194T: Partnership payments (10%)
  • 194SP: VDA in-kind payments (1%)

🔧 Structural Changes

  • 194B/194BB: Per transaction basis instead of aggregate
  • 194I: Monthly threshold (₹50,000) instead of annual (₹2,40,000)

📋 Complete List of TDS Sections in Income Tax Act, 1961

Based on Chapter XVII-B of the Income-tax Act, 1961

Section Nature of Payment / Deduction
192 Salary – TDS by employer on salary payments
192A Payment of accumulated balance due to an employee (Provident Fund)
193 Interest on securities
194 Dividend (other than dividend referred in section 115-O)
194A Interest other than "Interest on securities"
194B Winnings from lotteries, crossword puzzles, card games, etc.
194BA Winnings from online games
194BB Winnings from horse races
194C Payment to contractors or sub-contractors
194D Insurance commission
194DA Payment in respect of life insurance policy
194E Payments to non-resident sportsmen or sports associations
194EE Payments in respect of deposits under National Savings Scheme
194F Repurchase of units by Mutual Fund or UTI
194G Commission on sale of lottery tickets
194H Commission or brokerage
194I Rent (land, building, machinery, etc.)
194IA Payment on transfer of certain immovable property (other than agricultural land)
194IB Rent payment by individuals or HUF not liable to tax audit
194IC Payment under specified joint development agreement
194J Fees for professional or technical services
194K Income from units of mutual funds
194LBA Income distributed by business trusts
194LBB Income in respect of units of investment fund
194LBC Income in respect of investment in securitization trust
194M Payment of certain sums by individuals or HUF (for contracts, commission, etc.)
194N Cash withdrawal exceeding specified limits
194O Payment by e-commerce operator to e-commerce participant
194P TDS on specified senior citizens
194Q TDS on purchase of goods
195 Payment to non-residents (interest or any other sum chargeable to tax)
196A Income from units to non-resident investors
196B Income from units of offshore funds
196C Income from foreign currency bonds or shares of Indian companies
196D Income of Foreign Institutional Investors from securities

⚙️ Supporting / Administrative Sections

  • Section 197: Certificate for deduction of tax at lower or NIL rate
  • Section 198–199: Credit for tax deducted
  • Section 200–206C: Procedures for payment, returns, penalties, and interest
  • Section 206AA: Higher TDS rate if PAN not provided
  • Section 206AB: Higher rate for non-filers of return of income

📜 Section 197 – Certificate for Deduction of Tax at Lower or NIL Rate

📖 Overview

Section 197 of the Income-tax Act, 1961 empowers the Assessing Officer (AO) to issue a certificate authorizing the deductor to deduct tax at a lower rate or no tax at all, compared to the rate prescribed under the relevant TDS provisions. This provision provides relief to taxpayers whose total tax liability is likely to be nil or less than the TDS amount that would otherwise be deducted.

🎯 Key Features of Section 197

Feature Details
Objective To prevent excess TDS deduction when the recipient's actual tax liability is lower than the TDS rate
Applicability Applicable to any income where TDS is deductible under Chapter XVII-B
Authority Assessing Officer (AO) or Joint Commissioner of Income Tax
Validity Certificate is valid for the period specified therein (usually one financial year)
Application Form 13 must be filed by the taxpayer
Processing Time Generally 30-45 days from the date of application

📋 Conditions for Issuance of Certificate

  1. Total Income Estimation: The recipient's total income justifies nil or lower rate of TDS
  2. Regular Assessment: The taxpayer should have a history of filing returns regularly
  3. No Tax Liability: The estimated tax liability is nil or lower than TDS rate
  4. Proper Documentation: All supporting documents must be submitted
  5. Valid Reason: Justifiable reason for lower/nil deduction must exist

🔄 Procedure for Obtaining Certificate

Step Action Details
1 File Application Submit Form 13 online on Income Tax Portal with digital signature
2 Attach Documents Income computation, previous returns, investment proofs, deduction claims
3 AO Review Assessing Officer examines the application and supporting documents
4 Certificate Issuance If satisfied, AO issues certificate in Form 13 with specified TDS rate
5 Submit to Deductor Recipient submits certificate to all deductors for lower/nil TDS
6 Compliance Deductor deducts tax as per certificate and mentions certificate number in TDS return

📊 Flowchart: Section 197 Certificate Process

START
Taxpayer identifies need for
lower/nil TDS certificate
STEP 1
Prepare Form 13
with supporting documents
STEP 2
Submit application online
on Income Tax Portal
DECISION
AO reviews application
Is it satisfactory?
← NO
REJECTION
Application rejected
Normal TDS applies
YES →
APPROVAL
Certificate issued
in Form 13
STEP 3
Submit certificate
to all deductors
STEP 4
Deductor applies
lower/nil TDS rate
END
Certificate valid for
specified period

💼 Practical Example

Example 1: Senior Citizen with Only Interest Income

Scenario: Mr. Sharma (aged 72) receives interest income of ₹8,00,000 p.a. from bank FDs. His only other income is exempt pension of ₹3,00,000 p.a.

Without Section 197:

  • TDS on interest @ 10% = ₹80,000
  • Actual tax liability (after deductions) = Nil
  • Excess TDS = ₹80,000 (requires refund claim)

With Section 197 Certificate:

  • Mr. Sharma files Form 13 showing nil tax liability
  • AO issues certificate for NIL TDS
  • Bank deducts no TDS
  • No need to wait for refund

⚠️ Important Points

  • Certificate is valid only for the period specified
  • It must be renewed for subsequent years
  • Deductor must mention certificate number in TDS returns
  • If actual tax exceeds estimated, taxpayer must pay advance tax
  • False declaration may attract penalties
  • Certificate is specific to the TDS section(s) mentioned

📜 Section 198-199 – Credit for Tax Deducted

📖 Overview

Sections 198 and 199 of the Income-tax Act deal with the mechanism for granting credit to taxpayers for tax deducted at source (TDS). These provisions ensure that the taxpayer receives full credit for the tax already deducted and paid to the government on their behalf.

📋 Section 198 – Credit for Tax Deducted

Aspect Details
Provision Tax deducted at source shall be deemed to be income received by the taxpayer
Credit Mechanism Tax deducted is treated as payment of tax on behalf of the recipient
Assessment Year Credit is given in the year in which income is assessable to tax
Verification Credit is verified through Form 26AS and Annual Information Statement (AIS)
Mismatch Handling If TDS not credited in 26AS, taxpayer must contact deductor

📋 Section 199 – Credit in Special Cases

Section 199 deals with special scenarios where tax is deducted but the income is received by someone else or in different capacities.

Scenario Credit Given To Example
Joint Account Holders Primary account holder or as per declaration Joint FD: TDS credit shared as per Form 15G/H or equally
Deceased Person's Income Legal heir or representative Salary paid after death: TDS credit to legal heir
Minor's Income (clubbed) Parent in whose hands income is clubbed Minor's interest income: TDS credit to parent
Trust Income Beneficiary or trustee as per trust deed Trust distributions: TDS credit to beneficiary
Firm to Partners Individual partners in profit-sharing ratio Partnership income: TDS credit distributed to partners
Representative Assessee Person on whose behalf representative acts Non-resident income: TDS credit to non-resident

📊 Flowchart: TDS Credit Process (Sections 198-199)

START
Income payment made
TDS deducted
DEDUCTION
Deductor deducts TDS
at applicable rate
DEPOSIT
TDS deposited to government
by 7th of next month
REPORTING
Deductor files quarterly
TDS return (Form 26Q/27Q)
CERTIFICATE
TDS certificate issued
(Form 16/16A)
VERIFICATION
Recipient checks Form 26AS
and AIS for TDS credit
MATCH CHECK
Does TDS in 26AS
match deduction?
← NO
MISMATCH
Contact deductor for
correction/update
RECTIFICATION
Deductor files
revised return
YES →
CREDIT OK
TDS correctly
reflected
ITR FILING
Recipient files ITR
claiming TDS credit
ASSESSMENT
Tax liability vs
TDS deducted?
← TDS > Tax
REFUND
Excess TDS
refunded
Tax > TDS →
PAYMENT
Balance tax
to be paid
END
TDS credit fully
utilized/refunded

💼 Practical Examples

Example 1: Regular TDS Credit (Section 198)

Mr. Kumar's Scenario:

  • Salary: ₹15,00,000 (TDS: ₹2,50,000)
  • FD Interest: ₹3,00,000 (TDS: ₹30,000)
  • Professional fees: ₹5,00,000 (TDS: ₹50,000)
  • Total TDS: ₹3,30,000
  • Actual tax liability: ₹3,00,000
  • Result: Refund of ₹30,000

Example 2: Joint Account (Section 199)

Mr. & Mrs. Patel's Joint FD:

  • Joint FD: ₹50,00,000
  • Interest earned: ₹4,00,000
  • TDS deducted: ₹40,000
  • Primary holder: Mr. Patel (higher tax bracket)
  • Form 15H filed by Mrs. Patel
  • Result: Mrs. Patel gets full TDS credit of ₹40,000 (per Form 15H)

Example 3: Minor's Income Clubbing (Section 199)

Minor Child's FD:

  • FD in minor's name: ₹20,00,000
  • Interest: ₹2,00,000
  • TDS: ₹20,000 (deducted in minor's PAN)
  • Income clubbed with father's income
  • Result: Father claims ₹20,000 TDS credit in his ITR

🔍 Verification of TDS Credit

Document/Portal Purpose Access Method
Form 26AS Annual consolidated TDS statement Income Tax Portal → View Form 26AS
Annual Information Statement (AIS) Comprehensive tax information including TDS Income Tax Portal → Annual Information Statement
Form 16 TDS certificate for salary Provided by employer
Form 16A TDS certificate for non-salary payments Provided by deductor
TRACES Portal View detailed TDS statements www.tdscpc.gov.in

⚠️ Common Issues and Resolutions

Issue Resolution
TDS not reflecting in Form 26AS Contact deductor; check if TDS return filed correctly; verify PAN
Wrong PAN used by deductor Request deductor to file correction statement
TDS amount mismatch Compare Form 16/16A with 26AS; contact deductor for rectification
Duplicate TDS credit Verify actual deductions; report correct amount in ITR
Previous year TDS not credited Carry forward request; claim in revised return if within time limit

📜 Section 200-206C – Procedures for Payment, Returns, Penalties & Interest

📖 Overview

Sections 200 to 206C of the Income-tax Act comprehensively cover the procedural aspects of TDS/TCS (Tax Collected at Source) compliance, including payment procedures, return filing, issuance of certificates, penalties for non-compliance, and interest provisions.

📋 Section 200 – Duty of Deductor to Pay Tax Deducted

Aspect Details
Payment Timeline TDS must be deposited by the 7th of the following month (30th April for March TDS)
Payment Mode Online through authorized banks using Challan ITNS 281
TAN Requirement Mandatory Tax Deduction and Collection Account Number (TAN)
Book Entry Payment to govt. = payment to assessee for credit purposes
Acknowledgment Challan counterfoil serves as proof of deposit

📋 Section 203 – Certificate of TDS

Certificate Type Form Time Limit Applicability
Salary TDS Form 16 By 31st May (following FY) Issued by employer to employees
Non-Salary TDS Form 16A Within 15 days of filing quarterly return All other TDS deductions
Property Transfer Form 16B Within 15 days of filing quarterly return TDS under Section 194IA
Virtual Digital Assets Form 16D Within 15 days of filing quarterly return TDS under Section 194S

📋 Section 200A – Processing of TDS Statements

  • Automated Processing: TDS returns processed through Centralized Processing Cell (CPC)
  • Intimation: Intimation sent after processing
  • Rectification: Errors can be rectified under Section 154
  • Adjustment: Excess/short payment adjusted automatically

📋 Section 201 – Consequences of Failure to Deduct or Pay TDS

Default Type Consequence Recovery Method
Failed to deduct TDS Deemed assessee in default; liable to pay TDS amount + interest Can be recovered as arrears of tax
Deducted but not deposited Deemed assessee in default; liable for TDS + interest under Sec 201(1A) Recovery proceedings initiated
Short deduction Liable for short deduction + interest Notice under Section 201
Late deposit Interest under Section 201(1A) + late fee under Section 234E Automatic computation

⚖️ Relief from Section 201(1)

Deductor may not be treated as assessee in default if:

  • Recipient has filed return and paid tax on the income
  • Recipient has not filed return but deductor can prove tax paid by recipient
  • Loss/income less than exemption limit for the recipient

📋 Section 201(1A) – Interest on Late Payment/Non-Payment of TDS

Scenario Interest Rate Period
TDS deducted but not paid/paid late 1.5% per month or part of month From date of deduction to date of payment
TDS not deducted (treated as deducted) 1.5% per month or part of month From date when TDS should have been deducted to actual payment
Short deduction 1.5% per month on short amount From due date to actual deposit of full amount

📋 Section 206C – Tax Collection at Source (TCS)

While primarily a TDS discussion, Section 206C deals with Tax Collection at Source on certain transactions:

Section Nature of Transaction TCS Rate
206C(1) Alcoholic liquor for human consumption 1%
206C(1) Timber from forest lease 2.5%
206C(1) Scrap 1%
206C(1F) Remittance under Liberalised Remittance Scheme (> ₹7 lakh) 5% (20% if PAN not provided)
206C(1G) Sale of overseas tour packages (> ₹7 lakh) 5% (20% if PAN not provided)
206C(1H) Sale of motor vehicles (> ₹10 lakh) 1%

⚠️ Summary of Penalties and Interest

Section Default Penalty/Interest
201(1) Failure to deduct TDS Liable to pay TDS amount
201(1A) Late payment of TDS Interest @ 1.5% per month
234E Late filing of TDS return ₹200 per day (max: TDS amount)
271C Failure to deduct/pay TDS Penalty: Min ₹10,000 to TDS amount
271H Failure to file TDS statement Penalty: ₹10,000 to ₹1,00,000
272A(2)(k) Failure to issue TDS certificate Penalty: ₹100 per day (min ₹10,000)

📊 Flowchart: TDS Compliance Cycle (Sections 200-206C)

MONTH 1
Payments made
TDS deducted
BY 7TH NEXT MONTH
Deposit TDS to Govt
(Sec 200)
CHECK
Deposited on time?
← NO
PENALTY
Interest @ 1.5% p.m.
(Sec 201(1A))
YES →
OK
Proceed to
next step
QUARTERLY
File TDS Return
(Form 24Q/26Q/27Q)
CHECK
Filed on time?
← NO
LATE FEE
₹200/day
(Sec 234E)
YES →
PROCESSED
CPC processes
(Sec 200A)
WITHIN 15 DAYS
Issue TDS Certificates
(Sec 203)
CHECK
Certificates issued?
← NO
PENALTY
₹100/day
(Sec 272A(2)(k))
YES →
COMPLETED
TDS credit in
Form 26AS
COMPLIANCE
Full TDS compliance
achieved

📅 TDS Return Filing Due Dates

Quarter Period Due Date Form (Non-Salary) Form (Salary)
Q1 April - June 31st July 26Q / 27Q 24Q
Q2 July - September 31st October 26Q / 27Q 24Q
Q3 October - December 31st January 26Q / 27Q 24Q
Q4 January - March 31st May 26Q / 27Q 24Q

📜 Section 206AA – Higher TDS Rate if PAN Not Provided

📖 Overview

Section 206AA mandates deduction of tax at higher rates when the recipient fails to furnish their Permanent Account Number (PAN) to the deductor. This provision aims to ensure better tax compliance and tracking of transactions.

🎯 Key Provisions of Section 206AA

Aspect Details
Applicability All TDS sections except 192, 192A, 194B, 194BB, 194LBC, 194N
Higher Rate Formula Higher of: (a) 20%, OR (b) Rate specified in Act, OR (c) Rate in force
PAN Requirement Recipient must furnish PAN to deductor
Invalid PAN Treated same as non-furnishing of PAN
Documentation Deductor should maintain proof of PAN or non-availability

📊 TDS Rate Comparison: With vs Without PAN

Section Nature Normal Rate (with PAN) Rate under 206AA (without PAN)
193 Interest on securities 10% 20%
194 Dividend 10% 20%
194A Interest (other) 10% 20%
194C Contractor payment (Individual) 1% 20%
194C Contractor payment (Others) 2% 20%
194D Insurance commission 2% / 10% 20%
194H Commission/Brokerage 2% 20%
194I Rent - Plant & Machinery 2% 20%
194I Rent - Land/Building 10% 20%
194J(a) Technical services 2% 20%
194J(b) Professional services 10% 20%

❌ Sections Excluded from 206AA

Section Nature Reason for Exclusion
192 Salary PAN mandatory for employment; special slab rates apply
192A EPF withdrawal Linked to employment records; fixed rate of 10%
194B Lottery winnings Already high rate of 30%; no further increase needed
194BB Horse race winnings Already high rate of 30%; no further increase needed
194LBC Securitization trust income Special trust provisions apply
194N Cash withdrawal Based on account holder's PAN/ITR filing status

📊 Flowchart: Section 206AA Application

START
Payment to be made
TDS applicable
CHECK 1
Is section excluded
from 206AA?
← YES
EXCLUDED
Apply normal TDS rate
(192, 192A, 194B, 194BB,
194LBC, 194N)
DEDUCT
Normal rate
NO →
CHECK 2
Has recipient furnished
valid PAN?
← YES
PAN PROVIDED
Apply normal
TDS rate
DEDUCT
Normal rate as per
applicable section
NO →
NO PAN
Section 206AA
applies
CALCULATE
Higher of:
a) 20%
b) Rate in Act
c) Rate in force
DEDUCT
@ 20% or higher
(whichever applicable)
DEPOSIT
TDS to government
by due date
END
Issue TDS certificate

💼 Practical Examples

Example 1: Contractor Payment (Section 194C)

Scenario: ABC Ltd. pays ₹5,00,000 to a contractor (Individual)

With PAN:

  • TDS Rate: 1%
  • TDS Amount: ₹5,000
  • Net Payment: ₹4,95,000

Without PAN (206AA applies):

  • TDS Rate: 20% (higher of 20%, 1%, or rate in force)
  • TDS Amount: ₹1,00,000
  • Net Payment: ₹4,00,000
  • Extra burden: ₹95,000

Example 2: Professional Fees (Section 194J)

Scenario: XYZ Company pays ₹2,00,000 for professional services

With PAN:

  • TDS Rate: 10%
  • TDS Amount: ₹20,000
  • Net Payment: ₹1,80,000

Without PAN (206AA applies):

  • TDS Rate: 20%
  • TDS Amount: ₹40,000
  • Net Payment: ₹1,60,000
  • Extra burden: ₹20,000

Example 3: Rent Payment (Section 194I)

Scenario: Monthly rent of ₹60,000 for office space

With PAN:

  • TDS Rate: 10%
  • TDS Amount: ₹6,000/month
  • Annual TDS: ₹72,000

Without PAN (206AA applies):

  • TDS Rate: 20%
  • TDS Amount: ₹12,000/month
  • Annual TDS: ₹1,44,000
  • Extra burden: ₹72,000 annually

✅ Deductor's Responsibilities

  1. Obtain PAN: Request PAN from recipient before making payment
  2. Verify PAN: Check validity of PAN provided
  3. Maintain Records: Keep documentary evidence of PAN request and receipt
  4. Apply Correct Rate: Use 206AA rate if PAN not furnished
  5. Report in Returns: Indicate non-furnishing of PAN in TDS returns
  6. Issue Certificate: TDS certificate should show higher rate applied

⚠️ Consequences for Recipient

  • Higher TDS burden: 20% vs lower normal rates
  • Cash flow impact: Significantly reduced net payment
  • Refund wait: Excess TDS refunded only after ITR filing
  • Processing delay: Additional verification may be required
  • Compliance risk: Difficulty in matching payments if PAN not provided

💡 Key Takeaways

  • Always provide valid PAN to avoid higher TDS deduction
  • Deductors must verify PAN before applying normal rates
  • Section 206AA rate is minimum 20% for most sections
  • Invalid or inactive PAN treated as non-furnishing
  • Excess TDS can be claimed as refund but causes cash flow issues

📜 Section 206AB – Higher Rate for Non-Filers of Return of Income

📖 Overview

Section 206AB, introduced w.e.f. 1st July 2021, mandates deduction/collection of tax at higher rates for "specified persons" who are non-filers of income tax returns despite having significant tax deduction. This provision aims to improve tax compliance and encourage return filing.

🎯 Definition of "Specified Person"

A person is a "specified person" under Section 206AB if BOTH conditions are satisfied:

Condition Criteria
Condition 1 Has NOT filed Income Tax Returns for BOTH of the two assessment years immediately prior to the previous year in which tax is required to be deducted
Condition 2 Aggregate TDS/TCS in each of those two previous years is ₹50,000 or more

Example: Determining "Specified Person" for FY 2024-25

Mr. Verma's status for FY 2024-25:

  • FY 2022-23 (AY 2023-24): TDS = ₹60,000; ITR NOT filed
  • FY 2023-24 (AY 2024-25): TDS = ₹55,000; ITR NOT filed

Result: Mr. Verma is a "specified person" for FY 2024-25 as BOTH conditions met:

  • ✓ No ITR filed for both AY 2023-24 and AY 2024-25
  • ✓ TDS ≥ ₹50,000 in both FY 2022-23 and FY 2023-24

📊 Higher TDS/TCS Rates under Section 206AB

If recipient is a "specified person", TDS/TCS must be deducted at:

Scenario Rate to be Applied
Normal Case Higher of:
(a) Twice the rate specified in relevant provision, OR
(b) Twice the rate or rates in force, OR
(c) 5%
When Section 206AA also applies (no PAN) Higher of rates under both 206AA and 206AB

❌ Sections Excluded from 206AB

Section 206AB does NOT apply to the following sections:

Section Nature Reason for Exclusion
192 Salary Salary TDS follows slab rates; special provisions apply
192A EPF withdrawal Fixed rate structure for provident fund withdrawals
194B Lottery winnings Already taxed at flat 30%; no scope for higher rate
194BB Horse race winnings Already taxed at flat 30%; no scope for higher rate
194LBC Securitization trust income Special provisions for trust income distribution
194N Cash withdrawal Different mechanism based on ITR filing status

📊 Comparison: Normal vs 206AB Rates

Section Nature Normal Rate 206AB Rate (Specified Person)
193 Interest on securities 10% 20% (twice of 10%)
194 Dividend 10% 20% (twice of 10%)
194A Interest (other) 10% 20% (twice of 10%)
194C Contractor (Individual) 1% 5% (higher of 2% or 5%)
194C Contractor (Others) 2% 5% (higher of 4% or 5%)
194D Insurance commission 2% 5% (higher of 4% or 5%)
194H Commission/Brokerage 2% 5% (higher of 4% or 5%)
194I Rent - Machinery 2% 5% (higher of 4% or 5%)
194I Rent - Building 10% 20% (twice of 10%)
194J(a) Technical services 2% 5% (higher of 4% or 5%)
194J(b) Professional services 10% 20% (twice of 10%)

📊 Flowchart: Section 206AB Application Process

START
Payment to be made
TDS/TCS applicable
CHECK 1
Is section excluded?
(192, 192A, 194B,
194BB, 194LBC, 194N)
← YES
EXCLUDED
206AB does not apply
Use normal rate
DEDUCT
at normal rate
NO →
CHECK 2
Check recipient's
ITR filing status
for last 2 years
CONDITION 1
ITR NOT filed for
BOTH previous years?
← NO
NOT SPECIFIED
Condition 1 failed
Normal rate applies
DEDUCT
Normal TDS rate
YES →
CONDITION 2
TDS/TCS ≥ ₹50,000
in BOTH years?
← NO
NOT SPECIFIED
Condition 2 failed
Normal rate applies
YES →
SPECIFIED PERSON
BOTH conditions met
206AB applies
CALCULATE
Higher of:
a) Twice normal rate
b) Twice rate in force
c) 5%
DEDUCT
At higher rate
under 206AB
DEPOSIT
TDS to government
Report in return
END
Issue TDS certificate

💼 Practical Examples

Example 1: Professional Services Payment

Scenario: Payment of ₹5,00,000 for professional services (194J)

Recipient's Status for FY 2024-25:

  • FY 2022-23: TDS = ₹60,000; ITR NOT filed
  • FY 2023-24: TDS = ₹75,000; ITR NOT filed
  • Status: Specified Person

TDS Calculation:

  • Normal Rate: 10%
  • 206AB Rate: 20% (twice of 10%, which is higher than 5%)
  • TDS Amount: ₹1,00,000
  • Net Payment: ₹4,00,000
  • Extra burden compared to normal: ₹50,000

Example 2: Contractor Payment

Scenario: Payment to contractor (Individual) = ₹10,00,000

Specified Person Status: YES

TDS Calculation:

  • Normal Rate: 1%
  • 206AB Calculation: Higher of (2% or 5%) = 5%
  • TDS Amount: ₹50,000
  • Net Payment: ₹9,50,000
  • Extra burden: ₹40,000 (5% vs 1%)

Example 3: Interest Payment (Non-Specified Person)

Scenario: Bank interest = ₹80,000

Recipient's Status:

  • FY 2022-23: TDS = ₹45,000; ITR NOT filed
  • FY 2023-24: TDS = ₹48,000; ITR NOT filed
  • Status: NOT a Specified Person (TDS < ₹50,000 in FY 2022-23)

TDS Calculation:

  • Normal Rate applies: 10%
  • TDS Amount: ₹8,000
  • 206AB does not apply

✅ Deductor's Compliance Requirements

  1. Verification: Check "specified person" status using:
    • Income Tax Portal's "Non-filer/Specified Person" utility
    • Form 26AS to verify TDS/TCS amounts
    • Recipient's declaration (though deductor must verify independently)
  2. Determine Applicable Rate: Calculate higher rate as per 206AB formula
  3. Deduction: Deduct TDS at determined rate
  4. Reporting: Mention "specified person" status in TDS return
  5. Certificate: Issue TDS certificate showing higher rate and reason
  6. Documentation: Maintain records of verification and rate determination

🔧 How to Avoid Being a "Specified Person"

Action Benefit
File ITR regularly even if income below taxable limit Avoids "non-filer" status
File ITR for both preceding years Breaks "specified person" criteria
File belated/revised returns if missed Corrects non-filing status for future years
Track aggregate TDS/TCS annually Awareness of potential 206AB application
Maintain updated communication with deductors Ensure correct status verification

⚠️ Impact on Different Taxpayers

Taxpayer Type Impact Mitigation
Salaried Individuals Minimal (Sec 192 excluded) File ITR regularly
Freelancers/Professionals High impact (10% → 20% on fees) Mandatory ITR filing
Contractors Very high impact (1-2% → 5%) File ITR despite low income
Property Owners Significant (10% → 20% on rent) Maintain filing compliance
Senior Citizens (interest income) High if exceeds threshold File ITR or obtain Sec 197 certificate

💡 Key Takeaways

  • File ITR regularly: Even if income is below taxable limit
  • Both conditions must be met: Non-filing + TDS ≥ ₹50,000 in both years
  • Minimum rate is 5%: For sections with low normal rates
  • Verification is key: Deductors must check status before deduction
  • Cash flow impact: Significantly higher TDS reduces net receipts
  • Refund mechanism: Excess TDS refundable after ITR filing
  • Excluded sections: 192, 192A, 194B, 194BB, 194LBC, 194N not covered

🧠 TDS Comprehensive Mind Map

Visual representation of TDS framework and key sections

TDS SYSTEM Chapter XVII-B Salary & Employment Sec 192, 192A Sec 192: Salary Slab rates Sec 192A: EPF 10% on premature Interest & Dividends Sec 193, 194, 194A Sec 193: Securities 10% (₹10k threshold) Sec 194: Dividend 10% (₹10k threshold) Sec 194A: Other Int. 10% (varied threshold) Winnings & Games 194B, 194BA, 194BB 194B: Lottery 30% (₹10k/trans) 194BA: Online Games 30% (no threshold) 194BB: Horse Race 30% (₹10k/trans) Business Payments 194C, 194H, 194J 194C: Contractors 1%/2% (₹30k/₹1L) 194H: Commission 2% (₹20k threshold) 194J: Professional 2%/10% (₹50k) Rent & Property 194I, 194IA, 194IB 194I: Rent 2%/10% (₹50k/mo) 194IA: Property Sale 1% (₹50L threshold) 194IB: Rent by Indv 2% (₹50k/month) Special Provisions 197, 206AA, 206AB Sec 197 Lower/Nil certificate Sec 206AA No PAN: 20%+ Sec 206AB Non-filers: 2x rate Compliance 200-206C Sec 200: Payment By 7th of next month Sec 203: Certificate Form 16/16A Sec 201: Penalties Interest 1.5% p.m. Modern Sections 194O, 194Q, 194S 194O: E-commerce 0.1% (₹5L threshold) 194Q: Goods Purchase 0.1% (₹50L threshold) 194S: VDA 1% (₹10k/₹50k) LEGEND ■ Main Categories □ Sub-sections Threshold amounts shown in brackets Rates as per FY 2025-26

❓ Question & Answer Section

Click on questions to reveal detailed answers

Section 206AA: Applies when the recipient does NOT provide their PAN to the deductor. In such cases, TDS is deducted at the higher of:

  • 20%, OR
  • Rate specified in the Act, OR
  • Rate in force

Section 206AB: Applies to "specified persons" who are non-filers of ITR despite having TDS/TCS ≥ ₹50,000 in each of the two preceding years. TDS is deducted at:

  • Twice the normal rate, OR
  • Twice the rate in force, OR
  • 5%, whichever is higher

Key Difference: 206AA focuses on PAN non-furnishing, while 206AB targets non-filers of income tax returns.

Steps to obtain Section 197 Certificate:

  1. Prepare Application: Fill Form 13 with complete details
  2. Gather Documents:
    • Computation of estimated income and tax liability
    • Previous years' ITR acknowledgments
    • Proof of deductions/investments (80C, 80D, etc.)
    • Bank statements/interest certificates
  3. Submit Online: Log in to Income Tax e-filing portal and submit Form 13 with digital signature
  4. AO Review: Assessing Officer will examine your application (usually takes 30-45 days)
  5. Certificate Issuance: If approved, certificate will be issued specifying the lower/nil TDS rate
  6. Submit to Deductors: Provide the certificate to all persons who deduct your TDS

Validity: Usually valid for one financial year; must be renewed annually.

Major Changes:

1. Increased Thresholds:

  • Dividend (194): ₹5,000 → ₹10,000
  • Bank interest (non-senior): ₹40,000 → ₹50,000
  • Bank interest (senior citizen): ₹50,000 → ₹1,00,000
  • Other interest: ₹5,000 → ₹10,000
  • Commission/brokerage: ₹15,000 → ₹20,000
  • Compensation (194LA): ₹2,50,000 → ₹5,00,000

2. Reduced Rates:

  • Insurance commission (194D): 5% → 2%
  • Life insurance maturity (194DA): 5% → 2%
  • E-commerce (194O): 1% → 0.1%
  • Several other sections: 5% → 2%

3. New Sections:

  • 194T: Partnership payments (10%)
  • 194SP: VDA in-kind payments (1%)

4. Structural Changes:

  • 194B/194BB: Now per transaction basis instead of aggregate
  • 194I: Monthly threshold (₹50,000) instead of annual (₹2,40,000)

Consequences of Late/Non-Deposit of TDS:

1. Interest under Section 201(1A):

  • Rate: 1.5% per month or part thereof
  • Period: From date of deduction to date of actual deposit
  • Calculation: Simple interest on TDS amount

2. Late Fee under Section 234E:

  • ₹200 per day of delay in filing TDS return
  • Maximum: Amount of TDS itself

3. Penalty under Section 271C:

  • Minimum: ₹10,000
  • Maximum: Amount of TDS not deducted/deposited
  • Discretionary penalty by Assessing Officer

4. Deemed Assessee in Default (Section 201):

  • Deductor treated as assessee in default
  • Recovery proceedings can be initiated
  • Treated as tax arrears

5. Disallowance of Expense (Section 40(a)(ia)):

  • 30% of payment may be disallowed if TDS not deposited
  • Applies when filing income tax return

Example: TDS of ₹10,000 deducted on 15th April but deposited on 25th May (40 days late)

  • Interest: ₹10,000 × 1.5% × 2 months = ₹300
  • Late fee: ₹200 × days of delay in return filing
  • Potential penalty: Up to ₹10,000

Methods to Verify TDS Credit:

1. Form 26AS (Annual Tax Statement):

  • Login to Income Tax e-filing portal (www.incometax.gov.in)
  • Go to "My Account" → "View Form 26AS"
  • Check Part A (TDS on non-salary) and Part B (TDS on salary)
  • Verify deductor's name, TAN, amount, and period

2. Annual Information Statement (AIS):

  • More comprehensive than Form 26AS
  • Access through e-filing portal → "Annual Information Statement"
  • Shows all tax-related information including TDS
  • Allows feedback submission for discrepancies

3. TDS Certificate Matching:

  • Compare Form 16/16A received from deductor with Form 26AS
  • Check: Deductor name, TAN, amount, quarter, assessment year
  • Any mismatch should be reported to deductor immediately

4. TRACES Portal:

  • Visit www.tdscpc.gov.in
  • Register/login with PAN
  • View detailed TDS statements and correction statements

Common Mismatches & Resolution:

Issue Action
TDS not appearing in 26AS Contact deductor; verify if return filed; check PAN correctness
Amount mismatch Cross-verify with certificate; request deductor to file correction statement
Wrong PAN used Deductor must file correction statement immediately
Quarter/period mismatch Usually auto-adjusted; if not, contact deductor

Best Practice: Verify TDS credits quarterly rather than waiting until ITR filing time.

Step-by-Step Process:

Step 1: Collect All TDS Certificates

  • Form 16 from employer (for salary)
  • Form 16A from other deductors (interest, rent, professional fees, etc.)
  • Form 16B (for property transactions under 194IA)
  • Form 16C (for rent under 194IB)

Step 2: Verify in Form 26AS/AIS

  • Download Form 26AS from Income Tax portal
  • Match all TDS entries with certificates received
  • Note any discrepancies for correction

Step 3: Filing ITR

  • Login to Income Tax e-filing portal
  • Select appropriate ITR form (ITR-1, ITR-2, ITR-3, etc.)
  • Fill income details under respective heads

Step 4: Report TDS in ITR

  • Go to "Taxes Paid" section
  • TDS details auto-populated from Form 26AS
  • Verify all entries are correct
  • Add any missing TDS entries manually (if verified from certificates)

Step 5: Calculation

  • System calculates total tax liability
  • Deducts TDS already paid
  • Shows refund due or tax payable

Step 6: Submit ITR

  • Review all details carefully
  • Submit with DSC/EVC
  • E-verify within 120 days

Step 7: Refund (if applicable)

  • Refund processed after ITR verification
  • Credited to bank account mentioned in ITR
  • Usually takes 2-4 weeks after successful e-verification

Important Points:

  • TDS credit available only if deductor deposited it with the government
  • Credit given in the assessment year of income
  • If TDS not in 26AS but you have certificate, still claim it and explain
  • Keep all certificates for at least 7 years

Sections Excluded from BOTH 206AA and 206AB:

Section Nature of Payment Reason for Exclusion
192 Salary Follows individual slab rates; PAN mandatory for employment; special provisions apply
192A EPF Withdrawal Fixed rate of 10%; linked to employment records; PAN verification through EPFO
194B Lottery Winnings Already highest rate of 30%; no scope for further increase
194BB Horse Race Winnings Already highest rate of 30%; no scope for further increase
194LBC Securitisation Trust Income Special provisions for trust income; different regulatory framework
194N Cash Withdrawal Different mechanism based on ITR filing status; already has built-in higher rates for non-filers

Key Observations:

  • Total 6 sections excluded from both 206AA and 206AB
  • Exclusions are identical for both provisions
  • Most exclusions already have high rates (30%) or special mechanisms
  • Salary and EPF have separate tracking mechanisms

All Other TDS Sections: Subject to higher rates under 206AA (no PAN) and 206AB (non-filers)

Practical Impact:

  • Salaried individuals: No impact of 206AA/206AB on salary TDS
  • Lottery winners: Pay flat 30% regardless of PAN/ITR status
  • Business payments: Heavily impacted by 206AA/206AB provisions

TDS Deposit Due Dates (Section 200):

Month of Deduction Due Date for Deposit Remarks
April to February 7th of the following month For any month except March
March 30th April Extended due date for year-end

Example:

  • TDS deducted in June → Deposit by 7th July
  • TDS deducted in March → Deposit by 30th April

TDS Return Filing Due Dates:

Quarter Period Covered Due Date Form (Salary) Form (Non-Salary)
Q1 April - June 31st July 24Q 26Q / 27Q
Q2 July - September 31st October 24Q 26Q / 27Q
Q3 October - December 31st January 24Q 26Q / 27Q
Q4 January - March 31st May 24Q 26Q / 27Q

Form Types:

  • Form 24Q: TDS return for salary payments (Section 192)
  • Form 26Q: TDS return for non-salary payments (other than 194IA, 194IB, 194M)
  • Form 27Q: TDS return for payments to non-residents
  • Form 26QB: TDS return for property transactions (194IA)
  • Form 26QC: TDS return for rent by individuals/HUF (194IB) and certain payments (194M)

TDS Certificate Issuance Due Dates (Section 203):

  • Form 16 (Salary): By 31st May (following financial year)
  • Form 16A (Non-Salary): Within 15 days of filing quarterly TDS return
  • Form 16B (Property): Within 15 days of filing Form 26QB
  • Form 16C (Rent): Within 15 days of filing Form 26QC

Consequences of Missing Due Dates:

  • Late Deposit: Interest @ 1.5% per month (Sec 201(1A))
  • Late Filing: Late fee of ₹200 per day (Sec 234E), maximum up to TDS amount
  • Late Certificate: Penalty of ₹100 per day (Sec 272A(2)(k)), minimum ₹10,000

Best Practices:

  • Deposit TDS immediately after deduction
  • Maintain a quarterly calendar for return filing
  • Issue certificates promptly after return filing
  • Keep buffer time before due dates
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