Procedure for online submission of TDS return through incometaxindiaefiling.gov.in provided by CBDT vide N/N 11/2016 dated 22-06-2016

  1. Get registered with your TAN on the site
  2. FVU file to be uploaded as zip file.
  3. Statement can be filed through DSC using DSC Management Utility or can be filed using EVC
  4. Submit TDS return by logging in through TAN. Then Go to TDS-Upload TDS. Then upload Zip file along with signature file discussed above
  5. On being uploaded the status shall be shown as “uploaded”. Uploaded file shall be accepted or rejected in 24 hours. Staus can be checked at TDS- View filed TDS. Rejection reasons shall be provided along rejected file

TDS on FDR of Deceased Persons under Capital Gain Account Scheme: NOTIFICATION NO.8/2017, DATED 13-9-2017

  1. TDS certificate on the interest income for and upto the period of death of the depositor is required to be issued on the PAN of the deceased depositor
  2.  TDS certificate on the interest income for the period after death of the depositor is required to be issued on the PAN of the legal heir.
  3. Any wrong deduction of TDS may be claimed as refund by filing form 26B read with Rule 31(3A) effective from 19-02-2013

If out of the total consideration received by the operator some part is adjusted against receivable from the supplier, should tax be collected at source by the operator even on such amount which is adjusted against other amounts received from the supplier

Yes, as per section 52, irrespective of the mode of recovery of consideration by the supplier from the operator, tax should be collected at source on the net value as defined in section 52(1) of the CGST Act, 2017. There is no deduction envisaged in the CGST Act, 2017 in this regard.

(ICAI FAQ PUBLICATIONS 06-09-2017 TAX PAYMENTS, INTEREST, PENALTIES AND OTHER AMOUNTS: FAQ NO. 57)

What will happen if the deductor fails to issue TDS Certificate within the time prescribed

If the deductor fails to issue TDS Certificate within the time prescribed,
the deductor shall be liable to pay, by way of a late fee, a sum of one hundred rupees per day from the day after the expiry of the five day period until the failure is rectified, subject to a cap of ` 5,000/-

(ICI FAQ PUBLICATIONS 06-09-2017 TAX PAYMENTS, INTEREST, PENALTY AND OTHER AMOUNTS: FAQ NO. 44)

What are the compliances to be adhered by the deductor and specify the due dates for the same

The following are the compliances to be adhered by the deductor and the due dates for the same:

Payment of TDS Issue of Certificate
The deductor is liable to pay the amount deducted from the supplier to the Government within 10 days of the subsequent month The deductor is liable to pay the amount deducted from the supplier to the Government within 10 days of the subsequent month

(ICAI FAQ PUBLICATIONS 06-09-2017 TAX PAYMENTS,INTEREST, PENALTY AND OTHER AMOUNTS: FAQ NO. 43)

What is the threshold limit for tax deduction at source

The threshold limit for tax deduction at source is ` 2.5 Lakh. For the purpose of
computation of threshold limit, contract value needs to be considered and not the invoice value or payment amount. However, for the purpose of ascertaining the threshold limit, the value of supply shall be considered as the amount excluding taxes.

(ICAI FAQ PUBLICATIONS 06-09-2017 TAX PAYMENT, INTEREST, PENALTY AND OTHER AMOUNTS: FAQ NO. 42)

Who is liable to deduct tax at source

The Central Government or state Government may mandate the following person to deduct tax at source;
(a) A department or establishment of the Central or State Government, or
(b) Local authority, or
(c) Governmental agencies, or
(d) Such persons or category of persons as may be notified, by the Central or a State Government on the recommendations of the Council.

(ICAI FAQ PUBLICATIONS 06-09-2017 TAX PAYMENTS, INTEREST, PENALTY AND OTHER AMOUNTS: FAQ NO. 40)