โIncome Tax Department: No extension, file your ITR on time.
Portal: Error 404 since forever ๐คฆโโ๏ธ๐
Aur iske liyeโฆ Nehru ji zimmedar hain! ๐๐โ
@IncomeTaxIndia@nsitharaman@PMOIndia
๐ What is Section 195?
Section 195 mandates that any person (resident or non-resident) responsible for paying to a non-resident (not being a company or a foreign company) any interest or any other sum chargeable under the Act (excluding salaries) shall deduct income tax (TDS) at the time of payment or credit, whichever is earlier.
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๐งพ Applicability
It applies when:
Payment is made to a non-resident or foreign company.
The sum is chargeable to tax under the Income Tax Act.
Payment includes interest, royalty, fees for technical services, or any other sum (excluding salaries).
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๐ฐ Examples of Payments Covered
Interest (other than interest on securities)
Royalty or fees for technical services
Commission or brokerage
Professional or consultancy fees
Payments to foreign contractors
Payments for software, cloud services, hosting services (if taxable)
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๐๏ธ When to Deduct TDS?
TDS must be deducted at the earlier of the following:
At the time of credit of the amount to the payee's account
At the time of actual payment, in cash or by any other mode
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๐ TDS Rates Under Section 195
The TDS rates vary depending on the type of income. Key rates (plus surcharge and cess as applicable) are:
Nature of IncomeBase TDS Rate
Interest (other than 194LB/LC/LD)20%
Royalties10%
Fees for technical services10%
Capital gains (long term under sec. 112)10%
Capital gains (short term under sec. 111A)15%
Other income30%
> Note: The actual rate may vary if a DTAA (Double Taxation Avoidance Agreement) is applicable, provided the recipient furnishes a Tax Residency Certificate (TRC).
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๐ Double Taxation Avoidance Agreement (DTAA)
India has DTAA agreements with various countries. The payer can deduct TDS at lower DTAA rates, if:
The non-resident furnishes a valid TRC
Form 10F and declaration of beneficial ownership are submitted
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๐งพ Form 15CA & 15CB Requirement
For remittances to non-residents, the following forms are required:
Amount/Type of RemittanceForm Required
Taxable & exceeding โน5 lakh/yearForm 15CA (Part C) + 15CB (from CA)
Taxable & below โน5 lakh/yearForm 15CA (Part B)
Non-taxable under DTAA or lawForm 15CA (Part D)
Specified exempt payments (e.g., imports)Not required
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๐ Application for Lower/Nil TDS
The payee can apply to the Assessing Officer in:
Form 13 to receive a certificate for lower or nil deduction
The AO will issue a certificate under Section 197
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๐ Due Date for TDS Deposit
TDS must be deposited within 7 days from the end of the month in which deduction is made.
For March deductions: 30th April of the following financial year.
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๐ TDS Return Filing
Must be filed quarterly in Form 27Q.
Due Dates:
Q1: 31st July
Q2: 31st October
Q3: 31st January
Q4: 31st May
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โ ๏ธ Consequences of Non-Compliance
Disallowance of expense under Section 40(a)(i)
Interest under Section 201(1A) (1%/1.5% per month)
Penalty and prosecution
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โ Key Takeaways
Section 195 aims to ensure TDS is deducted on foreign remittances that are taxable in India.
DTAA benefits can reduce the TDS burden.
Proper documentation and certifications (TRC, Form 15CB/15CA) are essential to avoid penalties.
Detailed Explanation of Section 194C โ TDS on Payment to Contractors
Section 194C of the Indian Income Tax Act mandates Tax Deducted at Source (TDS) on payments made to contractors and sub-contractors for carrying out any work (including supply of labor). It ensures that taxes are collected at the time of payment to contractors.
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๐น Who Is Required to Deduct TDS?
Individuals, HUFs (Hindu Undivided Families) โ only if subject to tax audit under Section 44AB in the previous year
Companies
Firms
Local Authorities
Co-operative Societies
Government Bodies
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๐น Who Receives the Payment?
Resident contractors or sub-contractors providing:
Works contracts
Supply of labor
Transport contracts (excluding cases where only transport of goods is done and the contractor owns ten or fewer goods carriages)
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๐น What Type of Payments Are Covered?
Construction work
Advertising
Broadcasting and telecasting
Carriage of goods/passengers
Catering
Manufacturing or supplying a product according to the customer's specification
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๐น TDS Rates under Section 194C
RecipientTDS Rate
Individual / HUF1%
Others (e.g., Company)2%
> Note: No TDS if payment does not exceed โน30,000 for a single contract or โน1,00,000 in a financial year (aggregate).
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๐น Time of Deduction
TDS must be deducted at the time of payment or credit to the account, whichever is earlier.
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๐น TDS Return Filing
Details of TDS deducted under Section 194C must be filed in Form 26Q.
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๐น Important Exemptions
No TDS on payments to contractors owning not more than 10 goods carriages, if they provide a PAN.
No TDS if the payee is non-resident (Section 195 applies instead).
Here are seven common types of income that individuals can earn:
1. Earned Income
Money received from working a job or running a business.
Examples: Salary, wages, commissions, bonuses.
2. Profit Income
Income from buying and selling goods or services.
Examples: Business profits, freelancing, flipping items for profit.
3. Interest Income
Money earned from lending money or keeping funds in interest-bearing accounts.
Examples: Savings accounts, bonds, peer-to-peer lending.
4. Dividend Income
Payments made to shareholders from company profits.
Examples: Stocks that pay regular dividends.
5. Rental Income
Money earned from renting out property or assets.
Examples: Real estate rentals, vehicle rentals, equipment rentals.
6. Capital Gains
Profit made from the sale of an investment or asset.
Examples: Selling stocks, real estate, or collectibles at a higher price than purchased.
7. Royalty or Licensing Income
Money earned from allowing others to use your intellectual property.
Examples: Book royalties, music licensing, software licenses.
The Income Tax Department has released the Excel utility versions and JSON schema for Income Tax Return (ITR) Forms 1 (Sahaj) and 4 (Sugam) for the Assessment Year 2025โ26 (Financial Year 2024โ25) on May 30, 2025. These tools are now available for download on the official income tax e-filing portal, enabling eligible taxpayers to begin preparing and filing their income tax returns.
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