📊 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
- Total Income Estimation: The recipient's total income justifies nil or lower rate of TDS
- Regular Assessment: The taxpayer should have a history of filing returns regularly
- No Tax Liability: The estimated tax liability is nil or lower than TDS rate
- Proper Documentation: All supporting documents must be submitted
- 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
Taxpayer identifies need for
lower/nil TDS certificate
Prepare Form 13
with supporting documents
Submit application online
on Income Tax Portal
AO reviews application
Is it satisfactory?
Application rejected
Normal TDS applies
Certificate issued
in Form 13
Submit certificate
to all deductors
Deductor applies
lower/nil TDS rate
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)
Income payment made
TDS deducted
Deductor deducts TDS
at applicable rate
TDS deposited to government
by 7th of next month
Deductor files quarterly
TDS return (Form 26Q/27Q)
TDS certificate issued
(Form 16/16A)
Recipient checks Form 26AS
and AIS for TDS credit
Does TDS in 26AS
match deduction?
Contact deductor for
correction/update
Deductor files
revised return
TDS correctly
reflected
Recipient files ITR
claiming TDS credit
Tax liability vs
TDS deducted?
Excess TDS
refunded
Balance tax
to be paid
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)
Payments made
TDS deducted
Deposit TDS to Govt
(Sec 200)
Deposited on time?
Interest @ 1.5% p.m.
(Sec 201(1A))
Proceed to
next step
File TDS Return
(Form 24Q/26Q/27Q)
Filed on time?
₹200/day
(Sec 234E)
CPC processes
(Sec 200A)
Issue TDS Certificates
(Sec 203)
Certificates issued?
₹100/day
(Sec 272A(2)(k))
TDS credit in
Form 26AS
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
Payment to be made
TDS applicable
Is section excluded
from 206AA?
Apply normal TDS rate
(192, 192A, 194B, 194BB,
194LBC, 194N)
Normal rate
Has recipient furnished
valid PAN?
Apply normal
TDS rate
Normal rate as per
applicable section
Section 206AA
applies
Higher of:
a) 20%
b) Rate in Act
c) Rate in force
@ 20% or higher
(whichever applicable)
TDS to government
by due date
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
- Obtain PAN: Request PAN from recipient before making payment
- Verify PAN: Check validity of PAN provided
- Maintain Records: Keep documentary evidence of PAN request and receipt
- Apply Correct Rate: Use 206AA rate if PAN not furnished
- Report in Returns: Indicate non-furnishing of PAN in TDS returns
- 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
Payment to be made
TDS/TCS applicable
Is section excluded?
(192, 192A, 194B,
194BB, 194LBC, 194N)
206AB does not apply
Use normal rate
at normal rate
Check recipient's
ITR filing status
for last 2 years
ITR NOT filed for
BOTH previous years?
Condition 1 failed
Normal rate applies
Normal TDS rate
TDS/TCS ≥ ₹50,000
in BOTH years?
Condition 2 failed
Normal rate applies
BOTH conditions met
206AB applies
Higher of:
a) Twice normal rate
b) Twice rate in force
c) 5%
At higher rate
under 206AB
TDS to government
Report in return
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
- 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)
- Determine Applicable Rate: Calculate higher rate as per 206AB formula
- Deduction: Deduct TDS at determined rate
- Reporting: Mention "specified person" status in TDS return
- Certificate: Issue TDS certificate showing higher rate and reason
- 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
❓ 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:
- Prepare Application: Fill Form 13 with complete details
- Gather Documents:
- Computation of estimated income and tax liability
- Previous years' ITR acknowledgments
- Proof of deductions/investments (80C, 80D, etc.)
- Bank statements/interest certificates
- Submit Online: Log in to Income Tax e-filing portal and submit Form 13 with digital signature
- AO Review: Assessing Officer will examine your application (usually takes 30-45 days)
- Certificate Issuance: If approved, certificate will be issued specifying the lower/nil TDS rate
- 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
