Tax Deduction at Source



Rates for Tax Deduction at Source (TDS Rate)

Tax is deductible at source at the rates given in table (infra). If PAN of the deductee is not intimated to the deductor, tax will be deducted at source either at the rate given in the table or at the rate of 20 per cent, whichever is higher. Further, under section 94A(5), if payment or credit is made or given to a deductee who is located in a notified jurisdictional area, tax is deductible at the rate given in the table or at the rate of 30 per cent, whichever is higher. TDS rates for the financial year 2013-14 are as follows –
Category A - When recipient is resident

Nature of payment
TDS (SC : Nil, EC : Nil, SHEC : Nil)
Limit
l Sec. 192 - Payment of salary [normal tax rates are applicable –, SC : 10% (if net income exceeds Rs. 1 crore), EC : 2% and SHEC : 3%]

l Sec. 193 - Interest on securities—

  a. interest on (a) debentures/securities for money issued by or on behalf of any local authority/statutory corporation, (b) listed debentures of a company [not being listed securities in demat form], (c) any security of the Central or State Government [i.e., 8% Savings (taxable) Bonds, 2003, but not any other Government security]
10
5000
   b. any other interest on securities (including interest on non-listed debentures)
10
10000
l Sec. 194 - Dividend—

   a.  deemed dividend under section 2(22)(e)
10
5000
   b.  any other dividend
Nil

l Sec. 194A - Interest other than interest on securities
10
Banking-10000
Other- 5000
l Sec. 194B - Winnings from lottery or crossword puzzle or card game or other game of any sort
30
10000
l Sec. 194BB - Winnings from horse races
30
5000
l Sec. 194C - Payment or credit to a resident contractor/sub-contractor—
Single sum 30000
Aggregate- 75000
   a.  payment/credit to an individual or a Hindu undivided family
1

   b.  payment/credit to any person other than an individual or a Hindu undivided family
2

l Sec. 194D - Insurance commission
10
20000
l Sec194EE – Payment in respect of deposits under National Savings Scheme, 1987
20
2500
l Sec. 194F - Payment on account of repurchase of units of MF or UTI
20

l Sec. 194G - Commission on sale of lottery tickets
10
1000
l Sec. 194H - Commission or brokerage
10
5000
l Sec. 194-I – Rent—
180000
   a.  rent of plant and machinery
2

   b.  rent of land or building or furniture or fitting
10

l Sec. 194-IA - Payment/credit of consideration to a resident transferor for transfer of any immovable property (other than rural agricultural land) (applicable from June 1, 2013)
1
5000000
l Sec. 194J - Professional fees, technical fees, royalty or remuneration to a director
10
30000
l Sec. 194LA - Payment of compensation on acquisition of certain immovable property
10
200000

Category B - When recipient is non-resident or foreign company
Nature of payment
If recipient is non- resident non-corporate person
If recipient is non-domestic company
Payment/ credit does not exceed Rs. 1 crore(inclusive of SC : Nil, EC : 2%, SHEC : 1%)
Payment/ credit exceeds Rs. 1crore (inclusive of SC : 10%, EC : 2%, SHEC : 1%)
Payment/ credit does not exceedRs. 1 crore(inclusive of SC :Nil, EC : 2%,SHEC : 1%)
Payment/credit exceeds Rs. 1 crorebut does no exceedRs. 10 crore(inclusive of SC : 2%, EC : 2%, SHEC : 1%)
Payment/credit exceedsRs. 10 Crore (inclusive of SC : 5%, EC : 2%,SHEC : 1%)
l Sec. 192 - Payment of salary [normal tax rates are applicable –, SC : 10% (if net income exceedsRs. 1 crore), EC : 2% and SHEC : 3%]
l Sec. 194B - Winnings from lottery or crossword puzzle or card game or other game of any sort
30.9
33.99
30.9
31.518
32.445
l Sec. 194BB - Winnings from horse races
30.9
33.99
30.9
31.518
32.445
l Sec. 194E - Payment     to a non-resident foreign citizen sportsman/entertainer or non-resident sports association
20.6
22.66
20.6
21.012
21.63
l Sec. 194EE - Payment in respect of deposits under National Saving Scheme, 1987
20.6
22.66
NA
NA
NA
l Sec. 194F - Re-purchase of units of MF or UTI
20.6
22.66
NA
NA
NA
l Sec. 194G - Commission on sale of lottery tickets
10.3
11.33
10.3
10.506
10.815
l Sec. 194LB - Payment/credit by way of interest by infrastructure debt fund
5.15
5.665
5.15
5.253
5.4075
l Sec. 194LC - Payment/credit of interest by an Indian specified company on foreign currency approved loan/long-term infrastructure bonds from outside India
5.15
5.665
5.15
5.253
5.4075
l Sec. 194LD - Interest on a rupee denominated bond of an Indian company or Government security (from June 1, 2013)
5.15
5.665
5.15
5.253
5.4075
l Sec. 195 - Payment/credit of other sum to a non-resident —
  a.  income of foreign exchange assets payable to an Indian citizen
20.6
22.66
NA
NA
NA
  b.  income by way of long-term capital gains referred to in section 115E or section 112(1)(c)(iii)
10.3
11.33
10.3
10.506
10.815
  c.  short-term capital gains under section 111A
15.45
16.995
15.45
15.759
16.2225
  d.  any other long-term capital gains [not being covered by section 10(33), 10(36) and 10(38)]
20.6
22.66
20.6
21.012
21.63
 e. income by way of interest payable by     Government/Indian concern on money borrowed or debt incurred by Government or Indian concern in foreign currency (not being interest referred to in section 194LB or 194LC or 194LD)
20.6
22.66
20.6
21.012
21.63
  f.  royalty [see Note 5]
25.75
28.325
25.75
26.265
27.0375
  g.  royalty [not being royalty of the nature referred to in (fsupra] [see Note 6] –
   • where the agreement is made after March 31, 1961 but before April 1, 1976
30.9
33.99
51.5
52.53
54.075
   • where the agreement is made on or after April 1, 1976
25.75
28.325
25.75
26.265
27.0375
   h.  fees for technical services [see Note 7] –
   • where the agreement is made after February 29, 1964 but before April 1, 1976
30.9
33.99
51.5
52.53
54.075
   • where the agreement is made on or after April 1, 1976
25.75
28.325
25.75
26.265
27.0375
   i.  any other income
30.9
33.99
41.20
42.024
43.26
l Sec. 196B - Payment/credit of income from units (including long-term capital gains on transfer of such units) to an offshore fund
10.3
11.33
10.3
10.506
10.815
l Sec. 196C - Payment/credit of interest of foreign currency bonds or GDR (including long-term capital gains on transfer of such bonds) (not being dividend referred to in section 115-O)
10.3
11.33
10.3
10.506
10.815
l Sec. 196D - Payment/credit of income from securities (not being dividend, short-term or long-term capital gain) to Foreign Institutional Investors
20.6
22.66
20.6
21.012
21.63

Notes :
   1. Under section 192 tax is deductible from salary. The payer shall calculate salary taxable in the hands of recipient. The amount so determined is subject to tax deduction under section 192. Under section 195, tax is deductible only if income is taxable in the hands of recipient in India. In any other case, gross payment is subject to tax deduction.
   2. In Category B, tax is deductible at the above rates or the rates specified in ADT agreements entered into by the Central Government under section 90 (whichever is lower) [section 2(37A)(iii)].
   3. Tax is not deductible under section 193, 194, 194A, or 194EE if the recipient makes a declaration in Form No. 15G/15H under the provisions of section 197A.
   4. Under section 197 the recipient can apply the Assessing Officer in Form No. 13 to get a certificate of lower/no tax deduction. This benefit is, however, not available if tax is deductible under section 194B, 194BB, 194E, 194EE, 194F, 194-IA, 194LB, 194LC, 196B, 196C or 196D.
   5. Royalty payable by Government or an Indian concern in pursuance of an agreement made by non-resident with the Government or the Indian concern after March 31, 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 section 115A(1A) to the Indian concern or in respect of computer software referred to in the second proviso to section 115(1A), to a person resident in India.
   6. Not being royalty of the nature referred to above, payable by Government or an Indian concern in pursuance of an agreement made by non-resident 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 matter included in the industrial policy, the agreement is in accordance with that policy.
   7. Fees for technical services payable by Government or an Indian concern in pursuance of an agreement made by non-resident 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 matter included in the industrial policy, the agreement is in accordance with that policy.
Rates for tax collection at source
During the financial year 2013-14, tax shall be collected under section 206C at the following rates—
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Status of purchaser or licensee or lessee
Resident
Non-resident non- corporate person
Non-domestic company
Any amount
Rs. 1 crore or less
More than Rs. 1crore
Rs. 1 crore or less
More than Rs. 1 crore but not more thanRs. 10 crore
More thanRs. 10crore
TCS rate (inclusive of SC :Nil, EC :Nil,SHEC : Nil)
TCS rate (inclusive of SC : Nil, EC : 2%,SHEC : 1%)
TCS rate (inclusive of SC : 10%, EC : 2%,SHEC : 1%)
TCS rate (inclusive of SC :Nil, EC : 2%,SHEC : 1%)
TCS rate (inclusive ofSC : 2%, EC : 2%, SHEC : 1%)
TCS rate (inclusive of SC : 5% , EC : 2%,SHEC : 1%)
Category A –
A1. Alcoholic liquor for human consumption (other than Indian made foreign liquor)
1
1.03
1.133
1.03
1.0506
1.0815
A2. Indian made foreign liquor
1
1.03
1.133
1.03
1.0506
1.0815
A3. Tendu leaves
5
5.15
5.665
5.15
5.253
5.4075
A4. Timber obtained under a forest lease
2.5
2.575
2.8325
2.575
2.6265
2.70375
A5. Timber obtained by any mode other than a forest lease
2.5
2.575
2.8325
2.575
2.6265
2.70375
A6. Any other forest produce (not being timber/tendu leaves)
2.5
2.575
2.8325
2.575
2.6265
2.70375
A7. Scrap
1
1.03
1.133
1.03
1.0506
1.0815
A8. Minerals, being coal or lignite or iron ore
1
1.03
1.133
1.03
1.0506
1.0815
Category B –
B1. Parking lot, toll plaza, mining and quarrying
2
2.06
2.266
2.06
2.1012
2.163
Category C –
C1. Bullion [excluding (up to May 31, 2013) coin/article weighing 10 gms. or less]/ jewellery
1
1.03
1.133
1.03
1.0506
1.0815


Announcement regarding working hours of the Articled Assistants

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The Council has considered the issue regarding the working hours of the articled assistants. The Council is of the view that the article training is an important part of the CA curriculum and the same needs to be carried out in accordance with the scheme framed by the ICAI in this behalf. Accordingly, to clarify the doubts being raised by various quarters about the working hours of the articled assistants and for pursuing graduation/other course, the Council decided to issue the following directions:-

1. The articled assistants should undergo practical training in accordance with the Chartered Accountants Regulations, 1988 as explained hereinafter.
The working hours for the articled assistants shall be 35 hours in a week excluding the lunch break.
The office hours of the Principal for providing article training to the articled assistants shall not be generally before 9.00 A.M. or after 7.00 P.M.
The normal working hours for the articled assistants shall not start after 11.00 A.M. or end before 5.00 P.M.
The working hours for the articled assistants should not exceed 35 hours in a week excluding the lunch break and normally an articled assistant be required to work during the normal working hours fixed for articled assistants.
In case of the exigencies of work with the Principal, an articled assistant may be required to work beyond his/her normal working hours. However, under such circumstances, the aggregate number of working hours shall not exceed 45 hours per week. The requirement to work beyond 35 hours in a week should not be a practice but only in exceptional circumstances. Further, where the articled assistant is required to work beyond normal working hours, and aggregate of such hours exceed 35 hours per week, he/she shall be entitled to compensatory leave calculated with reference to number of completed working hours, over and above, 35 hours per week.
The facility of allowing flexible office hours stands withdrawn.

2. During the working hours, the articled assistant is not permitted to attend college/other institutions for pursuing any course including graduation. Accordingly, college timings of such course should not be such (after taking into account the time required to commute) which clashes with the normal working hours of the article training.

3. To ensure that the working hours do not clash with the graduation or any other course, if any pursued by the article assistant, each articled assistant registered on or after 1st April, 2008 shall now be required to obtain specific permission from the ICAI for pursuing graduation or other course as permitted under the Chartered Accountants Regulation by submitting Form No.112, within one month from the date of joining the college or course to the ICAI.

4. The articled assistant presently registered and undergoing graduation or any other course and who have not obtained specific permission shall be required to obtain the specific permission from the ICAI by submitting Form No.112 within six months of issue of these guidelines i.e. by 30th September, 2008. However those students who have already obtained the specific permission by submitting Form No. 112, need not obtain it again and the permission so granted shall continue to be valid.

5. The Certificate in Form No. 112 indicating college timings etc. shall be counter-signed by the concerned Principal of the college with the seal and stamp of the College and also indicating the telephone number/s and full address of the College.

6. In case a student does not comply with the above requirements or violates any of the above guidelines, his/her article ship period shall not be recognised.

7. In this connection, attention is invited to the Regulations 65 and 66 read with 
Regulation 60 of the Chartered Accountants Regulations, 1988 which provide as under:-

Regulation 60:   Working hours of an Articled Clerk
“Subject to such directions as may be issued by the Council, the working hours of an articled clerk shall be 35 hours per week to be regulated by the Principal from time to time”.

Regulation 65:   Articled clerk not to engage in any other occupation “Without the previous permission of the Council, obtained on application made in the *approved form, no articled clerk shall, during the period of his service as an articled clerk, take any other course of study or training, whether academic or professional, or engage in any business or occupation.”

Regulation 66:   Enquiries against articled clerk

(1)   Where a complaint or information of any misconduct or breach of Regulation 65 or breach of any of the covenants contained in the articles is received against an articled clerk from his principal or any other person, the President or the Vice-President as the Executive Committee may decide from time to time, may cause an investigation to be made.

(2)   The Executive Committee may, on a consideration of the report of the investigation and after giving the articled clerk an opportunity of being heard, make any of the following orders, namely;-direct that the papers be filed and the complaint be dismissed, if the Executive Committee finds that the articled clerk is not guilty of any misconduct of breach of Regulation 65 or breach of any of the covenants contained in the articles; or if the articled clerk is found guilty, reprimand the articled clerk or cancel the registration of articles or direct that any period already served under such articles shall not be reckoned as service for the purpose of the period of practical training specified in Regulation 50.

(3)   The articled clerk, the registration of whose articles has been cancelled under this regulation, shall not, except with the permission of the Executive Committee be retained or taken as an articled clerk or audit clerk by any member”.




Source: ICAI