INCOME TAX LAW

Income-tax Law: A Capsule for Quick Recap

[Continued from January, 2018 issue]

In the January, 2018 issue, the Capsule for quick recap of IIPCC/Intermediate Paper 4A: Income-tax Law
highlighted the significant provisions of income-tax law which impacted the computation of total income and tax
liability of an individual, discussed in detail in Chapters 1 to 8 of the Study Material. In continuation, the capsule on
this subject published in this issue would highlight the compliance procedures relating to tax deduction at source
(TDS) and advance tax as well as the provisions for filing return of income, discussed in detail in Chapters 9 and 10
of the Study Material. Kindly note that this capsule would be relevant both for Intermediate Paper 4A: Income-tax
law and IIPCC Paper 4A: Income-tax. The two additional topics which are relevant only for Intermediate Paper
4A, namely, Introduction to TCS and self-assessment are not covered in this capsule.
This capsule is intended to assist you in the process of revision of concepts discussed in the Study Material.
You are advised to read the July 2017 edition of the Study Material for understanding the various concepts and
provisions of income-tax law and work out the questions given therein to hone your problem solving skills.

CHAPTER 9: ADVANCE TAX AND TAX DEDUCTION AT SOURCE

I TDS Provisions : At a Glance
Section Nature of Threshold limit for Payer Payee Rate of TDS Time of
payment deduction of tax at source deduction
192 Salary > Basic exemption limit Any person responsible for Individual Average rate At the time of
(` 2,50,000/ ` 3,00,000, as the paying any income chargeable (Employee) of income-tax payment
case may be). This is taken care under the head “Salaries” computed on
of in computation of the average the basis of the
rate of income-tax. rates in force
192A Premature Payment or aggregate payment Trustees of the EPF Scheme or Individual 10% [In case At the time of
withdrawal from ≥ ` 50,000 any authorised person under the (Employee) of failure payment
Employees’ Scheme to furnish
Provident Fund PAN, TDS@
Maximum
Marginal
Rate]
193 Interest on > ` 10,000 in a F.Y., in case of Any person responsible for Any resident 10% At the time of
Securities interest on 8% Savings (Taxable) paying any income by way of credit of such
Bonds, 2003 interest on securities income to the
> ` 5,000 in a F.Y., in case of account of the
interest on debentures issued payee or at the
by a Co. in which the public time of payment,
are substantially interested, whichever is
paid or credited to a resident earlier.
individual or HUF by an A/c
payee cheque.
No threshold specified in any
other case.
194 Dividends > ` 2,500 in a F.Y., in case of The Principal Officer of an Resident 10% At the time of
payment to a shareholder, being Indian company or a company shareholder payment
an individual, by an A/c payee which has made prescribed
cheque. arrangements for the declaration
No threshold specified in any and payment of dividends in
other case. India
No deduction is required in
respect of dividends subject to
DDT u/s 115-O.
194A Interest other > ` 10,000 in a F.Y., in case of Any person (other than an Any 10% At the time of
than interest on interest credited or paid by – individual or HUF whose total Resident credit of such
securities (i) a banking company; sales, gross receipts or turnover income to the
(ii) a co-operative society from business or profession do account of the
engaged in banking not exceed the limits specified payee or at the
business; and u/s 44AB in the immediately time of payment,
(iii) a post office on any deposit preceding F.Y.) responsible whichever is
under a notified Scheme. for paying interest other than earlier.
> ` 5,000 in a F.Y., in other cases. interest on securities.
194B Winnings from > ` 10,000 The person responsible for Any Person 30% At the time of
any lottery, paying income by way of such payment
crossword puzzle winnings
or card game or
other game of any
sort
194BB Winnings from > ` 10,000 Book Maker or a person holding Any Person 30% At the time of
horse race licence for horse racing, or for payment
arranging for wagering or betting
in any race course.

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INCOME TAX LAW
Section Nature of Threshold limit for Payer Payee Rate of TDS Time of
payment deduction of tax at source deduction
194C Payments to Single sum credited or paid to Central / State Govt., Any 1% of sum At the time of
Contractors a contractor > ` 30,000 Local authority, Central/ State/ Resident paid or credit of such sum
Provincial Corpn., company, contractor credited, if to the account of
(or) firm, trust, registered society, for carrying the payee is the contractor
The aggregate of sums credited co-operative society, university out any an Individual or at the time
or paid to a contractor during established under Central/ work or HUF of payment,
the F.Y. > ` 1,00,000 State/Provincial Act, declared (including 2% of sum whichever is
university under the UGC Act, supply of paid or earlier.
Individual/HUF need not Govt. of Foreign State or a foreign labour) credited, if
deduct tax where sum is enterprise, individual/ HUF liable the payee is
credited or paid exclusively for to tax audit u/s 44AB(a)/(b) in the any other
personal purposes immediately preceding F.Y. person.
194D Insurance > ` 15,000 in a F.Y. Any person responsible for Any 5% At the time of
Commission paying any income by way Resident credit of such
of remuneration or reward income to the
for soliciting or procuring account of the
insurance business payee or at the
time of payment,
whichever is earlier.
194DA Any sum under ≥ ` 1,00,000 (aggregate Any person responsible for Any 1% At the time of
a Life Insurance amount of payment to a payee paying any sum under a LIP, resident payment
Policy in a F.Y.) including the sum allocated by
way of bonus
194G Commission on > ` 15,000 in a F.Y. Any person responsible for Any person 5% At the time of
sale of lottery paying any income by way of stocking, credit of such
tickets commission, remuneration or distributing, income to the
prize (by whatever name called) purchasing account of the
on lottery tickets or selling payee or at the
lottery time of payment,
tickets whichever is earlier.
194H Commission or > ` 15,000 in a F.Y. Any person (other than an Any 5% At the time of
brokerage individual or HUF whose total resident credit of such
sales, gross receipts or turnover income to the
from business or profession do account of the
not exceed the limits specified payee or at the
u/s 44AB in the immediately time of payment,
preceding F.Y.) responsible for whichever is
paying commission or brokerage. earlier.
194-I Rent > ` 1,80,000 in a F.Y. Any person (other than an Any For P & M or At the time of
individual or HUF whose total resident equipment- 2% credit of such
sales, gross receipts or turnover For L or B, land
income to the
from business or profession appurtenant
account of the
carried on by him do not to a building,
payee or at the
exceed the limits specified furniture or
time of payment,
u/s 44AB in the immediately fittings -10%
whichever is
preceding F.Y.) responsible for earlier.
paying rent.
194-IA Payment ≥ ` 50 lakh (Consideration for Any person, being a transferee Resident 1% At the time of
on transfer transfer) (other than a person referred to transferor credit of such sum
of certain in section 194LA responsible to the account
immovable for paying compensation for of the transferor
property other compulsory acquisition of or at the time
than agricultural immovable property) of payment,
land whichever is earlier.
194-IB Payment of > ` 50,000 for a month or part Individual/ HUF (other than Any 5% At the time of
[w.e.f. rent by certain of a month Individual/HUF whose total Resident credit of rent, for
1st individuals or sales, gross receipts or turnover the last month of
June, HUFs from business or profession the P.Y. or the last
2017] carried on by him exceed the month of tenancy,
limits specified u/s 44AB in the if the property is
immediately preceding F.Y.) vacated during
responsible for paying rent. the year, as the
case may be, to
the account of the
payee or at the
time of payment,
whichever is earlier

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Section Nature of Threshold limit for Payer Payee Rate of TDS Time of
payment deduction of tax at source deduction

194-IC Payment under No threshold specified. Any person responsible for Any 10% At the time of
specified paying any sum by way of Resident credit of such
agreement consideration, not being income to the
referred to in consideration in kind, under a account of the
section 45(5A) registered agreement, wherein payee or at the
L or B or both are handed over time of payment,
by the owner for development whichever is
of real estate project, for a earlier.
consideration, being a share
in L or B or both in such
project, with payment of part
consideration in cash.

194J Fees for > ` 30,000 in a F.Y., for each Any person, other than an Any 2% - Payee At the time of
professional category of income. (However, individual or HUF; Resident engaged credit of such sum
or technical this limit does not apply in However, in case of fees for only in the to the account of
services/ case of payment of director’s professional or technical business of the payee or at the
Royalty/ Non- fees or remuneration). services paid or credited, operation of time of payment,
compete fees/ individual/HUF whose total call centre whichever is
Director’s sales, gross receipts or turnover [w.e.f. 1st earlier.
remuneration from business or profession June, 2017]
exceed the limits specified
u/s 44AB in the immediately 10% - Others
preceding F.Y. is liable to deduct
tax u/s 194J, except where fees
for professional services is
credited or paid exclusively for
his personal purposes.

194LA Compensation > ` 2,50,000 in a F.Y. Any person responsible for Any 10% At the time of
on acquisition paying any sum in the nature Resident payment
of certain of compensation or enhanced
immovable compensation on compulsory
property other acquisition of immovable
than agricultural property
land

Notes –
(1) Section 206AA requires furnishing of PAN by the deductee to the deductor, failing which the deductor has to deduct tax at the higher of the
following rates, namely, -
(i) at the rate specified in the relevant provision of the Income-tax Act, 1961; or
(ii) at the rate or rates in force; or
(iii) at the rate of 20%.
(2) For payments which have been specifically exempted from tax deduction under the different sections mentioned in the table above, students
may refer to the July 2017 edition of the Study Material.
(3) The threshold limit given in column (3) of the table is with respect to each payee.

II Advance Payment of Tax

Liability for payment of advance tax [Sections 207 & 208]

• Tax shall be payable in advance during any F.Y. in respect of the total income(TI) of the assessee which would be chargeable to tax for
the A.Y. immediately following that F.Y.
• Advance tax is payable during a F.Y. in every case where the amount of such tax payable by the assessee (after reducing TDS/TCS)
during the year is ` 10,000 or more.
• However, an individual resident in India of the age of 60 years or more at any time during the P.Y., who does not have any income
chargeable under the head “Profits and gains of business or profession” (PGBP), is not liable to pay advance tax.

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Installments of advance tax and due dates [Section 211]
Advance tax payment schedule for corporates and non-corporates (other than an assessee computing profits on presumptive basis
under section 44AD or section 44ADA) – Four installments
Due date of installment Amount payable
On or before 15th June Not less than 15% of advance tax liability.
On or before 15th September Not less than 45% of advance tax liability (-) amount paid in earlier installment.
On or before 15th December Not less than 75% of advance tax liability (-) amount paid in earlier installment or installments.
On or before 15th March The whole amount of advance tax liability (-) amount paid in earlier installment or installments.
Assessee computing profits on presumptive basis u/s 44AD(1) or 44ADA(1) to pay advance tax by 15th March
An eligible assessee, opting for computation of profits or gains of business or profession on presumptive basis in respect of eligible business
referred to in section 44AD(1) or in respect of eligible profession referred to in section 44ADA(1), shall be required to pay advance tax of
the whole amount on or before 15th March of the F.Y.
However, any amount paid by way of advance tax on or before 31st March shall also be treated as advance tax paid during the F.Y. ending on
that day.
Interest for defaults in payment of advance tax [Section 234B]
(1) Interest u/s 234B is attracted for non-payment of advance tax or payment of advance tax of an amount less than 90% of assessed tax.

(2) The interest liability would be 1% per month or part of the month from 1st April following the F.Y. upto the date of determination of
total income under section 143(1) and where regular assessment is made, upto the date of such regular assessment.

(3) Such interest is calculated on the amount of difference between the assessed tax and the advance tax paid.

(4) “Assessed tax” means the tax on total income determined u/s 143(1)/under regular assessment, as the case may be, less TDS & TCS.
Interest for deferment of advance tax [Section 234C]
(a) Manner of computation of interest u/s 234C for deferment of advance tax by corporate and non-corporate assessees:
In case an assessee, other than an assessee who declares profits and gains in accordance with the provisions of section 44AD(1) or
section 44ADA(1), who is liable to pay advance tax u/s 208 has failed to pay such tax or the advance tax paid by such assessee on its
current income on or before the dates specified in column (1) below is less than the specified percentage [given in column (2) below] of
tax due on returned income, then simple interest@1% per month for the period specified in column (4) on the amount of shortfall,
as per column (3) is leviable u/s 234C.
Specified date Specified % Shortfall in advance tax Period
(1) (2) (3) (4)
15th June 15% 15% of tax due on returned income (-) advance tax paid up to 15th June 3 months
15th September 45% 45% of tax due on returned income (-) advance tax paid up to 15th September 3 months
15th December 75% 75% of tax due on returned income (-) advance tax paid up to 15th December 3 months
15th March 100% 100% of tax due on returned income (-) advance tax paid up to 15th March 1 month

Note – However, if the advance tax paid by the assessee on the current income, on or before 15th June or 15th September, is not less
than 12% or, as the case may be, 36% of the tax due on the returned income, then, the assessee shall not be liable to pay any interest on
the amount of the shortfall on those dates.
Tax due on returned income = Tax chargeable on total income declared in the return of income – TDS - TCS
(b) Computation of interest u/s 234C in case of an assessee who declares profits and gains in accordance with the provisions of
section 44AD(1) or section 44ADA(1):
In case an assessee who declares profits and gains in accordance with the provisions of section 44AD(1) or section 44ADA(1), who is
liable to pay advance tax u/s 208 has failed to pay such tax or the advance tax paid by the assessee on its current income on or before
15th March is less than the tax due on the returned income, then, the assessee shall be liable to pay simple interest at the rate of 1%
on the amount of the shortfall from the tax due on the returned income.
(c) Non-applicability of interest u/s 234C in certain cases:
Interest u/s 234C shall not be leviable in respect of any shortfall in payment of tax due on returned income, where such shortfall is on
account of under-estimate or failure to estimate –
(i) the amount of capital gains;
(ii) income of nature referred to in section 2(24)(ix) i.e., winnings from lotteries, crossword puzzles etc.;
(iii) income under the head “PGBP” in cases where the income accrues or arises under the said head for the first time ; or
(iv) income of the nature referred to in section 115BBDA(1) i.e., dividend in aggregate exceeding ` 10 lakhs included in the
assessee’s TI.
However, the assessee should have paid the whole of the amount of tax payable in respect of such income referred to in (i), (ii), (iii) and
(iv), as the case may be, had such income been a part of the total income, as part of the remaining instalments of advance tax which are
due or where no such instalments are due, by 31st March of the F.Y.

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CHAPTER 10: PROVISIONS FOR FILING RETURN OF INCOME
I Filing of Return of Income under section 139(1)

Due date of
Company & Firm 30th September of A.Y. filing of return
Individual, HUF, AOP, BOI & artificial juridical person having • Company
total income > basic exemption limit, before giving effect to • Person (other than a company) whose
exemption u/s 10(38) and deductions under Chapter VI-A accounts are required to be audited
Person, being resident other than RNOR, who is not required • A working partner of a firm whose accounts
to file ROI u/s 139(1) & who at anytime during the P.Y. are required to be audited
• holds, as a beneficial owner or otherwise, any asset located 31st July of A.Y.
outside India or has signing authority in any account • Any other assessee
Note - For an assessee required to file transfer pricing
located outside India; or
report u/s 92E, the due date is 30th November of
• is a beneficiary of any asset located outside India
the A.Y.
Persons reqd to mandatorily
file ROI on or before due date

II Loss Return under section 139(3)

To be filed on or before the due date u/s 139(1) for carry forward of

Business loss Loss from Loss from Loss under the Loss from the activity of
u/s 72(1) speculation business specified business head “Capital owning & maintaning race
u/s 73(2) u/s 73A(2) Gains” u/s 74(1) horses u/s 74A(3)

Note: Loss from house property and unabsorbed depreciation can be carried forward for set-off even though return of loss has not been furnished on or before the
due date u/s 139(1).

III Belated Return under section 139(4) IV Revised Return under section 139(5)

Belated Return Revised Return

If return is not filed within the time specified u/s 139(1), a Return filed u/s 139(1) or a belated return filed u/s 139(4) can be
belated return u/s 139(4) can be filed at any time before revised u/s 139(5)

the completion the end of the at any time before the end of the relevant A.Y.
of the Relevant A.Y. OR
OR
Assessment before the completion of assessment,
whichever is earlier

whichever is if any omission or any wrong statement therein is discovered by

earlier the person
Note: The return of loss filed u/s 139(3) can also be revised u/s 139(5).

V Quoting of PAN under section 139A(5) VI Quoting of Aadhaar Number under section 139AA

Mandatory Quoting of PAN Quoting of Aadhaar Number

• To be quoted on or after 1/7/2017 by every person eligible

• In all returns to, and correspondence with, any income to obtain Aadhaar No. in the application form for
tax authority allotment of PAN and in the ROI
• In all challans for the payment of any sum due under • If he does not possess Aadhaar No., the enrolment ID of
the Income-tax Act, 1961 Aadhaar application form issued to him at the time of
enrolment shall be quoted
• In all documents pertaining to such transactions
• Aadhaar No. to be intimated to prescribed authority on
entered into by him as may be prescribed by CBDT in or before the notified date, by every person who has been
the interests of the revenue [Refer Study Material] allotted PAN as on 1/7/2017 and who is eligible to obtain
Aadhaar No.

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