Skip to main content

CBDTs clarification on short deduction of TDS/TCS due to increase in surcharge rates

Clarification issued by CBDT in relation to short deduction of TDS/TCS due to increase in rates of surcharge by Finance (No.2) Act, 2019-reg. 

By way of this writing, I would like to discuss the recent clarification issued by CBDT dated 13th April, 2020 in relation to the deduction/collection of TDS/TCS under various provisions of the Income Tax Act, 1961 ("Act") considering the increased rates of the surcharge as amended by the Finance (No.2) Act, 2019-reg.




The Finance (No.2) Bill, 2019 was tabled in Lok Sabha on 5th July 2019 and has received the assent of the Hon’ble President of India on 1st August 2019 and became the Finance (No.2) Act, 2019-reg. The rates of the surcharge as applicable to the individual taxpayer have been tabulated herein below:

 
Sl. No. Income Slab Old Rates New Rates
1 Less than 50 Lakh rupees Nil Nil
2 50 lakh rupees but less than I crore rupees 10% 10%
3 I crore rupees but less than 2 crore rupees 15% 15%
4 2 crore rupees but less than 5 crore rupees 15% 25%
5 5 crore rupees and above 15% 37%
Please read the circular here: Circular_8_2020
It is worth to be noted that the above said "New Rates" were made applicable from 1st April 2019 whereas the Finance (No.2) Act, 2019 was enacted on 1st August 2019. Every individual taxpayer is required to compute their income tax liability for the AY 2020-21 after taking into consideration the new rates. Further, the deductor or collector was also required to deduct TDS or collect TCS after considering the new rates of tax.

It has been brought up to the notice of the Central Government that in many cases the transaction had reached its finality prior to the date when the bill was tabled in Lok Sabha i.e., prior to 5th July 2019. In all such cases, it has been requested before CBDT that such deductor or collector who have shortly deducted or shortly collected the amount of TDS/TCS, should not be held as an assessee in defaults under the provisions of section 201 of the Act.

In this regard, it has been clarified by the CBDT that a person responsible for deduction or collection of TDS or TCS, shall not be held as an assessee in default under the provisions of section 201 of the Act, in respect of the transaction wherein:

  1. Such transaction has reached its finality and all the payment has been made on or before 5th July 2019 and no other transaction has been undertaken between such parties during the FY 2019-20, from which such shortfall could be recovered;
  2. On such transaction, TDS has been deducted or TCS has been collected as per the existing  rates of tax;
  3. The deductor or collector has deposited the TDS deducted or TCS collected to the credit of Central Government on or before the due date;
  4. TDS returns or TCS returns have been filed by the deductor or collector on or before the due dates.

Furthermore, it has been clarified that if a person fails to fulfill any of the above-said conditions, such a person will not be eligible for any benefits, in relation to short deduction or collection. 

If in a situation where the deductor or collector has recovered or received the shortfall on or after 5th July 2019 from any subsequent transaction during the financial year, interest for delay in deduction or collection of such tax shall not be levied. Therefore, it could be inferred that interest on delay in payment of such tax after deduction or collection shall be levied.

Please read the circular here: Circular_8_2020

Know about us - https://thetaxsupport.com
You can find more articles on at https://thetaxsupport.com/blog
You can find tutorial videos on at https://www.youtube.com/c/vipinsanger
Labels:
Location: New Delhi, Delhi, India

Comments

Post a Comment

Popular posts from this blog

Here's All You Need To Know About Indian Digital Tax

The Covid-19 outbreak has compelled businesses to transcend from traditional to digital models of work. With business models evolving on account of mass digitization, the complexities from a regulatory and taxation standpoint have only amplified. The advent and access to technology have enabled businesses to carry on business-as-usual with minimal physical presence. Unsurprisingly, India has the second-largest online users in the world, with over 560 million internet users, and hence, from the viewpoint of its tax revenue base, digital businesses could not be overlooked. However, as is the case in other jurisdictions, Indian tax laws were suited for conventional business models such as brick and mortar stores and thus in dire need of an overhaul. Recent Amendments To ensure that value created digitally is appropriately taxed; two significant amendments were introduced in Indian taxation laws in the recent past – The “Equalization Levy” – a tax aimed at foreign digital
Post a Comment
Read more

Why You Should Not Use Credit Card..!!

Do you make purchases using credit cards?  Does one want to understand why you should not be using credit cards? A number of you'll think that employing a card is intelligent. There're basically three reasons that cause you to feel so: • Reward points like cash back • Zero interest if you pay on time • No got to carry cash We hardly got to pay the cardboard issuing bank anything aside from the minimum annual fee. Then how do these banks earn profit using their customer? Let's explain with an example: We use Facebook for free of charge, right? Then how does Facebook make money? They use our personal data, likes and dislikes to point out the target ads which match our needs. Now you get the purpose that there is nothing free within the world. Can you outwit the master/visa card companies? When you use a card, the parties involved within the transaction are: • The cardholder • The merchant • The merchant's bank Each time you (the cardho
Post a Comment
Read more

Critical Analysis of the Companies (Amendment) Bill, 2020

Amendment to the Companies Act, 2013 (‘the Act’) seems to be a routine activity of the Indian Government. The Act was amended by the Companies Amendment Act, 2015, 2017, 2019 and now, in 2020 (as proposed). Every time, the object of the amendment is different – from the ease of doing business to ease of living for corporates.  With the Government’s objective of facilitating greater ease of living to law-abiding corporate, it had constituted Company Law Committee (‘Committee’) on September 18, 2019. The overall objective of the Government and the Committee was to decriminalize some more provisions of the Act based on their gravity and to take other necessary measures to provide further ease of living for corporates and companies in the country. The Committee submitted its report in November 2019.  Based on the recommendations of the Committee and an internal review by the Government, the Companies Amendment Bill, 2020 proposed amendment to various provisions of the Act, which
Post a Comment
Read more