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Session: 2015-18
Student declaration
I Kevin Raphel Joy, Enrolment No. 02880401715 from BBA-V Semester, Shift moring of the
Tecnia Institute of Advanced Studies, Delhi hereby declare that the Summer Training Report &
Viva Voce (BBA-311) entitled TAX DEDUCTED ON SOURCE UNDER INCOME
TAXACT,1961 at SHRIRAM PISTONS & RINGS LTD is an original work and the same has
not been submitted to any other Institute for the award of any other degree.
Date:
Signature of the Student:
Certified that the Summer Training Report & Viva Voce submitted in partial fulfillment of
Bachelor of Business Administration (BBA) to be awarded by G.G.S.I.P. University, Delhi by,
Enrolment No. ________________ has been completed under my guidance and is Satisfactory.
Date:
Sl Topics Page
No. No.
1. Introduction 4-9
2. Company profile 10 - 32
3. Review of Literature 33 - 76
4. Research methodology 77
7. Bibliography 89
INTRODUCTION
The Indian Income Tax Act provides for chargeability of tax on the total income of a
person on an annual basis. The quantum of tax determined as per the statutory provisions
is payable as :
a) Advance Tax
Tax deducted at source (TDS), as the very name implies aims at collection of revenue at
the very source of income. It is essentially an indirect method of “collecting tax which
combines the concepts of pay as you earn” and “collect as it is being earned.” Its
significance to the government lies in the fact that it prepones the collection of tax,
ensures a regular source of revenue, provides for a greater reach and wider base for tax.
At the same time, to the tax payer, it distributes the incidence of tax and provides for a
simple and convenient mode of payment.
The concept of TDS requires that the person on whom responsibility has been cast, is to
deduct tax at the appropriate rates, from payments of specific nature which are being
made to a specified recipient. The deducted sum is required to be deposited to the credit
of the Central Government. The recipient from whose income tax has been deducted at
source, gets the credit of the amount deducted in his personal assessment on the basis of
the certificate issued by the deductor. While the statute provides for deduction of tax at
source on a variety of payments of different nature, in this booklet, an attempt is being
made to discuss various provisions relevant only to the salaried class of taxpayers.
Objectives of Tax Deducted at Source
To enable the salaried people to pay the tax as they earn every month. This helps
the salaried persons in paying the tax in easy instalments and avoids the burden of
a lump sum payment.
To collect the tax at the time of payment of income to various assessees such as
contractors, professionals etc.
Government requires funds throughout the year. Hence, advance tax and tax
deducted at source help the government to get funds throughout the year and run
the government smoothly.
TDS on Dividends
Section 302of Income Tax Act, 1961 by law notes.
TDS provisions under this section are attracted only in respect of deemed
dividend u/s 2(22)(e), If such dividend exceeds 2500 in year.
Section 194C of Income Tax Act - Tax need to be deducted 1% (for individual, HUF)/
2% (for others) of payment where payment is made for carrying out any work (including
supply of labour for carrying out any work and advertisements) by a contractor/sub-
contractor. Such work must be in pursuance of a contract (including sub contract)
between the contractor and payer. TDS is to be made at the time of credit to the account
of contractor or at the time of payment in cash or by cheque or draft or by any other mode
whichever is earlier.
The three basics task of any tax administration are to identify poteial tax payers, to
assess the appropriate tax on the them and to collect the tax. The functions are referred
are to as three E’s of tax administration –
Enumerate
Estimate
Enforce
The commonly known as TDS (tax deduction at source) pertain to the last leg of these
functions of collection and enforcement .it is one of the several modes of recovery of tax
and liability of TDS is without prejudice to other modes of recovery. It is not an
alternative tax to directly levy, it is rather a supplement.
The provision of TDS have been enacted for the purpose of easy collection of taxes and
avoid evasion thereof by suitable tailoring accounts.in the recent past, the scope of TDS
has be widened by enlarging the scope of work in relation in contracts/subcontracts and
by extending TDS on rent, fees for professional and technical services, and payement on
compulsory acquisition etc.
TDS would be extended to certain more payments, in future, as tds has triple advantage
of augmenting government revenue, checking tax evasion and widening the tax base.
Advantages of TDS
As tax deduction takes place throughout the year, it ensures a continuing flow of
revenue to the Government.
It is a measure to prevent tax evasion.
It helps in increasing the tax reach as it is deducted at the time of payment itself
preventing the commitment of fraud.
Objective of study
(I) Recovery of Tax Income - Tax is primarily a tax on income and the person
earning income is liable to pay tax by way of advance tax, self-assessment tax
and tax on regular assessment. In this system of direct levy, the Tax Department
comes into picture almost one year after the income has been earned. If the
income earned has been spent away by that time, making of assessment would
get reduced to a mere academic exercise, and the department would be a helpless
spectator. Hence the system of direct levy has been gradually supplemented by
the Tax Deduction at Source Scheme, wherein tax is deducted at specified rates
from income/other payments made to the payee.
(II) Widening of Tax Net - The other important function of the TDS system is to
provide information about tax payers and help tax administration in broad basing
the tax net. This objective is achieved by scrutiny of return statements filed by
the persons who deduct tax at source.
Some tax payers, non-filers too, come to the tax department for claiming credit of
TDS which gives an opportunity to the tax department to enquire about the tax
paying status of such persons. Even: if such person do not come forward to claim
credit for the TDS, the tax department is at least benefited to the extent of TDS,
which the payee would have otherwise skipped.
(III) Other objectives of TDS - The other objectives of TDS are having regular flow of
cash; preventing evasion of tax and minimizing collection expenses.
Company profile
Shriram Piston & Rings Ltd. Develop, manufactures and sells pistons, pistons ring, pins
and engine valves for OEMs. The company offers diesel and gasoline pistons. They also
provides replacement parts to automotive workshops, repair shops and service stations.
The products are used in automobile vehicles and gensets.
The company was incorporated in 1972 and is headquartered in New Delhi, India.
Shriram Pistons & Rings Limited is a subsidiary of SPR International Auto Exports Ltd.
Shriram Pistons & Rings Limited manufactures and sells automotive components in India
and internationally. The company offers pistons, piston pins, piston rings, and engine
valves. Its products are used by passenger vehicle, two/three wheeler, commercial
vehicle, tractor, and industrial engine manufacturers.
SPR is recognized by almost all OEMs in India and several OEMs in Europe and Aisa, as
a dependable partner of supply of Euro III ,IV and V Pistons, Pins, Pistons Rings and
engine valves.
The company has the capability to design, develop and validate and manufacture finished
products for OEMs in India at its tech centre with 50+ designs and engineering
professionals trained by its technology partners in concept design, FEA, stimulation, rig
testing, prototype development, engine testing and analysis. This is supplemented with
continuous technology and application engineering support from the technology partners
including in advanced engineering and manufacturing processes.
The company deploys most modern manufacturing equipment and processes, using state-
of-the-art technology from four global leaders. SPR has evolved into a center of
manufacturing excellence, employing, over 5000 motivated and multi- skilled employees.
The annual turnover is US$ 200 million. The company is the largest manufacturer and the
largest exporter of pistons and rings from India and the largest supplier of engine valves
to OEMs in India. Its products are marketed under the brand name USHA and SPR ,
names that are synonymous with quality and reliability.
Milestones
1972
1978
1989
1993
1994
1995
1996
2001
2004
Received TPM excellence award from JIPM japan (first in its category to achieve
this award)
Sales turnover of Rs 3000 million
2006
Established three new piston marching lines to meet the requirement from global
OEMs (Ford,Renault etc)
Achieved production of 1 million Engine valves – September 2005
2007
Received TPM special award from JIPM japan (first in its category to achieve this
award)
Sales turnover of Rs 5000 million
2008
2009
Started manufacturing of large dia engine valves for railways and off road
vehicles.
2010
2011
2014
2015
2016
Advisors
Bankers
UCO bank
CITI bank
Corporation bank
HDFC bank
State Bank of Hyderabad
HSBC bank
IDBI bank
AXIS bank
Auditors
1. PISTONS
2. PISTONS
RINGS
A piston ring is a split ring that fits into a groove on the outer diameter of a piston in
a reciprocating engine such as an internal combustion engine or steam engine.
1. Sealing the combustion chamber so that there is minimal loss of gases to the crank
case.
2. Improving heat transfer from the piston to the cylinder wall.
3. Maintain the proper quantity of the oil between the piston and the cylinder wall
4. Regulating engine oil consumption by scraping oil from the cylinder walls back to
the sump.
The gap in the piston ring compresses to a few thousandths of an inch when inside the
cylinder bore. Piston rings are a major factor in identifying if an engine is two stroke or
four stroke. Three piston rings suggest that it is a four stroke engine while two piston
rings suggest that it is a two stroke engine. Most piston rings are made of a very hard and
somewhat brittle cast iron.
3. PISTONS
PINS
4. ENGINE VALVES
Every cylinder in an internal-combustion engine contains one intake valve and one
exhaust valve. Both valves open and close internal passages in the cylinder head. The
intake valve is the larger of the two valves. It controls the flow of fuel into the
combustion chamber.
A multi-valve engine design typically has three, four, or five valves per cylinder to
achieve improved performance. Any four-stroke internal combustion engine needs
at least two valves per cylinder: one for intake of air and fuel, and another for exhaust of
combustion gases.
CUSTOMERS OF SHRIRAM PISTONS
1. PASSENGER VEHICLES
Ford
Honda cars
Maruti Suzuki
Nissan
Suzuki powertrain
Tata Motors
2. TWO/THREE WHEELERS
Bajaj Auto
Hero Motocorp
Suzuki Motorcycle
TVS Motors
3. COMMERCIAL VEHICLES
Ashok Leyland
Daimler India
SML Isuzu
Tata Motors
Tata Cummins
VE Commercial Vehicles
4. TRACTORS
HMT
Mahindra Swaraj
New Holland
International Tractors
Tafe
Escorts
5. INDUSTRIAL ENGINES
Cummins
Greaves
Kerala Agro
Kirloskar
Lombardini
WABCO
1. Jalandhar (godowns)
2. Ghaziabad (plants)
4. Gurgaon (godowns)
5. Sahibabad (godowns)
6. Pathredi (plant)
7. Patna (godown)
8. Ahmedabad (godown)
Gurugram
Manesar
Alwar
Noida etc…. .
Noida
Ghaziabad
Sahibabad etc… .
CSR Policy
SPR’s Policy is to conduct its business responsibly, and improve the quality of life of
people, especially in the society close to our area of operation, while creating long term
value for all stake holders.
The above policy is applicable for all CSR projects/programmes undertaken by the
company
The company has undertaken CSR projects and programmes listed in Schedule VII of the
Companies Act, 2013 in the following areas:
Education
Health Care
Sanitation
Environment
Rural development
Any other areas as approved by the CSR Committee/Board
CSR Budget
Every year, the company is required to spend atleast 2% of the average net profits made
by the company during immediately preceding 3 financial years.
Projects aimed at persons from disadvantageous background or persons who are
differently abled have priority.
Based on the recommendation by the CSR Committee to the Board every year, the Board
considers and approves the CSR Plan for the year.
Any surplus arising out of CSR activities does not form part of business profits of the
company and forms part of CSR corpus.
The company has spent Rs.56.6 Million during last 3 years on CSR Projects and
Programmes as follows:-
Year Amount
(Rs./Million)
2014-
6.58
15
2015-
18.50
16
2016-
31.52
17
The main projects and programmes undertaken by the company are as follows:-
Education
1. Adoption of one Senior Secondary Government Girls School and two Government
Primary Schools
2. Two Vocational Training Centres for women for their empowerment.
3. Diploma Courses for 10th / 12th pass students enabling them to get employment.
Health Care
1. Four charitable dispensaries and a Mobile Medical Van to provide medical care to the
needy.
2. Organising Health Care/Preventive/Yoga/Blood Donation Camps etc.
3. Provision of drinking water by installing Hand Pumps and Water Coolers etc.
Environment
Sanitation
1. Building of toilets
Implementation
A Central Deptt. has been created for implementing CSR activities across the company
supported by adequate personnel at Plants.
The CSR activities are implemented in any of the following manner:-
o Directly
o Collaborating with various organisations, which are registered as a Trust or a Section 8
company or Society or NGO or any other entity specialising in CSR activity.
o Collaborating with other companies or industry bodies like CII, FICCI, etc.
o Contributing to various funds permitted under the Companies Act, 2013.
The CSR activities are carried out in a transparent and time bound manner.
Monitoring
After the CSR plan is approved by the Board, the CSR cell takes steps for
implementation of the CSR activities.
The progress on implementation of CSR activities are reviewed by a Committee under
the Chairmanship of Managing Director.
The CSR Committee reviews the progress on implementation of CSR activities on annual
basis and submits progress report to the Board.
CSR Awards Received
Bhamashah Samman given by Rajasthan Govt. for the years 2015 and 2016 for CSR
projects/programmes undertaken in the field of education.
CSR Excellence Award 2017 given by Rajasthan Government for Industry, Innovation
and Infrastructure.
Section 192 of the I.T.Act, 1961 provides that every person responsible for paying any
income which is chargeable under the head ‘salary’, shall deduct income tax on the
estimated income of the assessee under the head salaries. The tax is required to be
calculated at the average rate of income tax as computed on the basis of the rates in force.
The deduction is to be made at the time of the actual payment. However, no tax is
required to be deducted at source, unless the estimated salary income exceeds the
maximum amount not chargeable to tax applicable in case of an individual during the
relevant financial year. The tax once deducted is required to be deposited in government
account and a certificate of deduction of tax at source (also referred as Form No.16) is to
be issued to the employee. This certificate is to be furnished by the employee with his
income tax return after which he gets the credit of the TDS in his personal income tax
assessment. Finally, the employer/deductor is required to prepare and file quarterly
statements in Form No.24Q with the Income-tax Department.
The statute requires deduction of tax at source from the income under the head salary. As
such the existence of “employer-employee” relationship is the “sine-qua-non” for taxing
a particular receipt under the head salaries. Such a relationship is said to exist when the
employee not only works under the direct control and supervision of his employer but
also is subject to the right of the employer to control the manner in which he carries out
the instructions. Thus the law essentially requires the deduction of tax when;
In case of a company, it is to be noted, that though the company may designate an officer
/employee to make payments on the behalf of the company, still the statutory
responsibility to deduct tax at source rests with the company and its principal officer
thereof. In respect of companies, the I.T.Act Section 2(35) has specified principal officer
to mean:
Section 192 casts the responsibility on the employer, of tax deduction at source, at the
time of actual payment of salary to the employee. Unlike the provisions of TDS,
pertaining to payments other than salary where the obligation to deduct tax arises at the
time of credit or payment, which ever is earlier, the responsibility to deduct tax from
salaries arises only at the time of payment.
Thus, when advance salary and arrears of salary has been paid, the employer has to take
the same into account while computing the tax deductible.
As per Section 192, the employer is required to deduct tax at source on the amount
payable at the average rate of income tax. This is to be computed on the basis of rates in
force for the financial Year in which payment is made. The Finance Act of each financial
year specifies the rates in force for deduction of tax at source. For F.Y. 2012-2013 rate of
TDS is specified in Part-3, Schedule-I of Finance Act 2012. The same is as follows :-
II) In case of every individual resident in India who is of age of 60 years or more and
below 80 years at any time during the previous year :-
(III) In case of an individual resident who is of the age of 80 years or more at any time
during the previous year :-
Where the total income exceeds Rs. 5,00,000 20 per cent of the amount by which the total
but does not exceed Rs. 10,00,000/- income exceeds Rs. 5,00,000/-
Where the total income exceeds Rs. 10,00,000 Rs. 1,00,000/- plus 30 per cent of the amount
by which the total income exceeds Rs.
10,00,000/-
The amount of income-tax including the surcharge if any, shall be increased by Education
Cess on Income Tax at the rate of two percent of the income-tax.
With effect from 1/04/2010 (AY 2010-11), no such relief shall be granted in respect of
any amount received or receivable by an assessee on his voluntary retirement or
termination of his service, in accordance with any scheme or schemes of voluntary
retirement or in the case of a public sector company referred to in section 10(10C)(i)
(read with Rule 2BA), a scheme of voluntary separation, if an exemption in respect of
any amount received or receivable on such voluntary retirement or termination of his
service or voluntary separation has been claimed by the assessee under section 10(10C)
in respect of such, or any other, assessment year
Information regarding Income under any other head:
Section 192(2B) enables a taxpayer to furnish particulars of income under any head other
than "Salaries" ( not being a loss under any such head other than the loss under the head “
Income from house property”) received by the taxpayer for the same financial year and of
any tax deducted at source thereon. The particulars may now be furnished in a simple
statement, which is properly signed and verified by the taxpayer in the manner as
prescribed under Rule 26B(2) of the Rules and shall be annexed to the simple statement.
The form of verification is reproduced as under:
It is reiterated that the DDO can take into account any loss only under the head “Income
from house property”. Loss under any other head cannot be considered by the DDO for
calculating the amount of tax to be deducted.
In the case of an office of the Government, where tax has been paid to the credit of the
Central Government without the production of a challan [Book Entry], the Pay and
Accounts Officer or the Treasury Officer or the Cheque Drawing and Disbursing Officer
or any other person by whatever name called to whom the deductor reports about the tax
deducted and who is responsible for crediting such sum to the credit of the Central
Government, shall‐
(a) submit a statement in Form No. 24G under section 200 (2A) on or before the 30th
day of April where statement relates to the month of March; and in any other case, on or
before 15 days from the end of relevant month to the agency authorized by the Director
General of Income‐tax (Systems) [TIN Facilitation Centres currently managed by M/S
National Securities Depository Ltd] in respect of tax deducted by the deductors and
reported to him for that month; and
(b) intimate the number (hereinafter referred to as the Book Identification Number or
BIN) generated by the agency to each of the deductors in respect of whom the sum
deducted has been credited. BIN consist of receipt number of Form 24G, DDO sequence
number in Form No. 24G and date on which tax is deposited.
If the PAO/CDDO/TO etc, as stated above, fails to deliver the statement as required
u/s 200(2A), he will be liable to pay, by way of penalty, under section 272A(2)(m), a
sum which shall be Rs.100/- for every day during which the failure continues.
However, the amount of such penalty shall not exceed the amount of tax which is
deductable at source.
The procedure of furnishing Form 24G is detailed in Annexure III. PAOs/DDOs should
go through the FAQs in Annexure IV to understand the correct process to be followed.
The ZAO / PAO of Central Government Ministries is responsible for filing of Form No.
24G on monthly basis. The person responsible for filing Form No. 24G in case of State
Govt. Departments is shown at
Annexure V.
(i) In case the payment is made by an income-tax challan, the amount of tax so deducted
shall be deposited to the credit of the Central Government by remitting it, within the time
specified in Table in above, into any office of the Reserve Bank of India or branches of
the State Bank of India or of any authorized bank;
(ii) In case of a company and a person (other than a company), to whom provisions of
section 44AB are applicable, the amount deducted shall be electronically remitted into
the Reserve Bank of India or the State Bank of India or any authorized bank accompanied
by an electronic income-tax challan (Rule125).
The amount shall be construed as electronically remitted to the Reserve Bank of India or
to the State Bank of India or to any authorized bank, if the amount is remitted by way of:
(a) internet banking facility of the Reserve Bank of India or of the State Bank of India or
of any authorized bank; or
(b) debit card. {Notification No.41/2010 dated 31st May 2010}
If a person fails to deduct the whole or any part of the tax at source, or, after deducting,
fails to pay the whole or any part of the tax to the credit of the Central Government
within the prescribed time, he shall be liable to action in accordance with the provisions
of section 201 and shall be deemed to be an assessee-in-default in respect of such tax and
liable for penal action u/s 221 of the Act. Further Section 201(1A) provides that such
person shall be liable to pay simple interest
(i) at the rate of 1% for every month or part of the month on the amount of such tax from
the date on which such tax was deductible to the date on which such tax is deducted; and
(ii) at the rate of one and one-half percent for every month or part of a month on the
amount of such tax from the date on which such tax was deducted to the date on which
such tax is actually paid. Such interest, if chargeable, is mandatory in nature and has to be
paid before furnishing of quarterly statement of TDS for respective quarter.
Section 271C inter alia lays down that if any person fails to deduct whole or any part of
tax at source or fails to pay the whole or part of tax under the second proviso to section
194B, he shall be liable to pay, by way of penalty, a sum equal to the amount of tax not
deducted or paid by him.
Further, section 276B lays down that if a person fails to pay to the credit of the Central
Government within the prescribed time, as above, the tax deducted at source by him or
tax payable by him under the second proviso to Section 194B, he shall be punishable with
rigorous imprisonment for a term which shall be between 3 months and 7 years, along
with fine.
Section 203 requires the DDO to furnish to the employee a certificate in Form 16
detailing the amount of TDS and certain other particulars. Rule 31 prescribes that Form
16 should be furnished to the employee by 31st May after the end of the financial year in
which the income was paid and tax deducted. Even the banks deducting tax at the time of
payment of pension are required to issue such certificates. Revised Form 16 annexed to
Notification No 11 dated 19-02-2013 is enclosed. The certificate in Form 16 shall specify
(ii) Challan identification number or numbers (CIN*) in case of payment through bank.
(*Challan identification number (CIN) means the number comprising the Basic
Statistical Returns (BSR) Code of the Bank branch where the tax has been deposited, the
date on which the tax has been deposited and challan serial number given by the bank.)
(d) Receipt numbers of all the relevant quarterly statements of TDS (24Q). The receipt
number of the quarterly statement is of 8 digit.
Further as per Circular 04/2013 dated 17-04-2013 all deductors (including Government
deductors who deposit TDS in the Central Government Account through book entry)
shall issue the Part A of Form No. 16, by generating and subsequently downloading it
through TRACES Portal and after duly authenticating and verifying it, in respect of all
sums deducted on or after the 1st day of April, 2012 under the provisions of section 192
of Chapter XVII-B. Part A of Form No 16 shall have a unique TDS certificate number.
'Part B (Annexure)' of Form No. 16 shall be prepared by the deductor manually and
issued to the deductee after dueauthentication and verification along with the Part A of
the Form No. 16.
It may be noted that under the new TDS procedure, TAN of deductee/ PAN of the
deductee and receipt number of TDS statement filed by the deductor act as unique
identifier for granting online credit of TDS to the decutee. Hence due care should be
taken in filling these particulars. Due care should also be taken in indicating correct CIN/
BIN in TDS statement.
If the DDO fails to issue these certificates to the person concerned, as required by section
203, he will be liable to pay, by way of penalty, under section 272A(2)(g), a sum which
shall be Rs.100/- for every day during which the failure continues.
It is, however, clarified that there is no obligation to issue the TDS certificate in case tax
at source is not deductible/deducted by virtue of claims of exemptions and deductions.
Certain essential points regarding the filing of the Statement and obtaining TDS
certificates are mentioned below:
(a) TDS certificate (Form16) would be generated for the deductee only if Valid PAN is
correctly mentioned in the Annexure II of Form 24Q in Quarter 4 filed by the deductor.
Moreover, employers are advised to ensure in Form 16 that the status of “matching” with
respect to “Form 24G/OLTAS” is ‘F’. If the status of matching other than ‘F’, kindly take
necessary action promptly to rectify the same. It is pertinent to mention here that certain
facilities have been provided to the deductors at website www.tdscpc.gov.in/ including
online correction of statements (Form 24Q).
(b) The employer should quote the gross amount of salary (including any amount
exempt under section 10 and the deductions under chapter VI A) in column 321 (Amount
paid/credited) of Annexure I of Form 24Q as per NSDL RPU (hereafter Return
Preparation Utility).
(c) The employer should quote the amount of salary excluding any amount exempt under
section 10 in column 333 (Total amount of salary) of Annexure II of Form 24Q as per
NSDL RPU.
(d) TDS on Income (including loss from House Property) under any Head other than the
head ‘Salaries’ offered for TDS (shown in column 339) can be shown in column 350
(Reported amount of TDS by previous employer, as per NSDL RPU.
(e) Employer is advised to quote Total Taxable Income (Column 346) in Annexure II
without rounding-off and TDS should be deducted and reported accordingly i.e. without
rounding-off of TDS also.
Authentication by Digital Signatures
(i) Where a certificate is to be furnished in Form No. 16, the deductor may, at his option,
use digital signatures to authenticate such certificates.
(ii) In case of certificates issued under clause (i), the deductor shall ensure that
(a) the conditions prescribed in para 4.6.1 above are complied with;
(b) once the certificate is digitally signed, the contents of the certificates are not amenable
to change; and
(c) the certificates have a control number and a log of such certificates is maintained by
the deductor.
The digital signature is being used to authenticate most of the e-transactions on the
internet as transmission of information using digital signature is failsafe. It saves time
specially in organisations having large number of employees where issuance of certificate
of deduction of tax with manual signature is time consuming (Circular no 2 of 2007 dated
21.05.2007)
As per section 192(2C), the responsibility of providing correct and complete particulars
of perquisites or profits in lieu of salary given to an employee is placed on the person
responsible for paying such income i.e., the person responsible for deducting
tax at source. The form and manner of such particulars are prescribed in Rule 26A, Form
12BA (Annexure II) and Form 16 of the Rules. Information relating to the nature and
value of perquisites is to be provided by the employer in Form 12BA in case
salary paid or payable is above Rs.1,50,000/-. In other cases, the information would have
to be provided by the employer in Form 16 itself.
An employer, who has paid the tax on perquisites on behalf of the employee as per the
provisions discussed in para 3.2 of this circular, shall furnish to the employee concerned,
a certificate to the effect that tax has been paid to the Central
Government and specify the amount so paid, the rate at which tax has been paid and
certain other particulars in the amended Form 16.
The obligation cast on the employer under Section 192(2C) for furnishing a statement
showing the value of perquisites provided to the employee is a crucial responsibility of
the employer, which is expected to be discharged in accordance with law and rules of
valuation framed there under. Any false information, fabricated documentation or
suppression of requisite information will entail consequences thereof provided under the
law. The certificates in Forms 16 and/or Form 12BA specified
above, shall be furnished to the employee by 31st May of the financial year immediately
following the financial year in which the income was paid and tax deducted. If he fails to
issue these certificates to the person concerned, as required by section 192(2C),
he will be liable to pay, by way of penalty, under section 272A(2)(i), a sum which shall
be Rs.100/- for every day during which the failure continues.
As per Section 139C of the Act, the Assessing Officer can require the taxpayer to produce
Form 12BA alongwith Form 16, as issued by the employer.
(1) The following income shall be chargeable to income-tax under the head "Salaries" :
(a) any salary due from an employer or a former employer to an assessee in the previous
year, whether paid or not;
(b) any salary paid or allowed to him in the previous year by or on behalf of an employer
or a former employer though not due or before it became due to him.
(c) any arrears of salary paid or allowed to him in the previous year by or on behalf of an
employer or a former employer, if not charged to income-tax for any earlier previous
year.
(2) For the removal of doubts, it is clarified that where any salary paid in advance is
included in the total income of any person for any previous year it shall not be included
again in the total income of the person when the salary becomes due. Any salary, bonus,
commission or remuneration, by whatever name called, due to, or received by, a partner
of a firm from the firm shall not be regarded as "Salary".
"Salary" includes:-
i. wages, fees, commissions, perquisites, profits in lieu of, or, in addition to salary,
advance of salary, annuity or pension, gratuity, payments in respect of encashment of
leave etc.
ii. The portion of the annual accretion to the balance at the credit of the employee
participating in a recognized provident fund as consists of {Rule 6 of Part A of the Fourth
Schedule of the Act}:
a) Contributions made by the employer to the account of the employee in a recognized
provident fund in excess of 12% of the salary of the employee, and
b) Interest credited on the balance to the credit of the employee in so far as it is allowed
at a rate exceeding such rate as may be fixed by Central Government. [w.e.f. 01-09-2010
rate is fixed at 9.5% - Notification No SO
1046(E) dated 13-05-2011]
iii. the contribution made by the Central Government or any other employer to the
account of the employee under the New Pension Scheme as notified vide Notification
F.N. 5/7/2003- ECB&PR dated 22.12.2003 (enclosed as Annexure VII) Referred to in
section 80CCD.
Perquisite includes:
I. The value of rent free accommodation provided to the employee by his employer;
II. The value of any concession in the matter of rent in respect of any accommodation
provided to the employee by his employer
III. The value of any benefit or amenity granted or provided free of cost or at
concessional rate in any of the following cases:
V. Any sum payable by the employer, whether directly or through a fund, other than a
recognized provident fund or an approved superannuation fund or other specified funds
u/s 17, to effect an assurance on the life of an assessee or to effect a contract for an
annuity.
VI. The value of any specified security or sweat equity shares allotted or transferred,
directly or indirectly, by the employer, or former employer, free of cost or at
concessional rate to the employee and for this purpose, .
(a) “specified security” means the securities as defined in section 2(h) of the
Securities Contracts (Regulation) Act, 1956 and, where employees’ stock option
has been granted under any plan or scheme therefor, includes the securities
offered under such plan or scheme;
(c)the value of any specified security or sweat equity shares shall be the fair
market value of the specified security or sweat equity shares, as the case may be,
on the date on which the option is exercised by the assesse as reduced by the
amount actually paid by, or recovered from the assessee in respect of such
security or shares;
(d)“fair market value” means the value determined in accordance with the method
as may be prescribed (refer Rule 3(9) of the IT Rules);
(e)“option” means a right but not an obligation granted to an employee to apply
for the specified security or sweat equity shares at a predetermined price;
VII. The amount of any contribution to an approved superannuation fund by the employer
in respect of the assessee, to the extent it exceeds one lakh rupees; and
VIII. The value of any other fringe benefit or amenity as prescribed in Rule 3.
Rules for valuation of such benefit or amenity as given in Rule 3 are as under:
(I)For employees of the Central and State governments the value of perquisite shall be
equal to the license fee charged for such accommodation as reduced by the rent actually
paid by the employee. Employees of autonomous, semi-autonomous institutions,
PSUs/PSEs & subsidiaries, Universities, etc. are not covered under this method of
valuation.
(ii) For all others, i.e., those salaried taxpayers not in employment of the Central
government and the State government, the valuation of perquisite in respect of
accommodation would be at prescribed rates, as discussed below:
A. Basic Salary
B. Dearness Allowance, or Dearness Pay if it enters into the
computation of superannuation or retirement benefit of the
employees
C. Bonus
D. Commission
E. All other taxable allowances (excluding the portion not
taxable ) and
F. Any monetary payment which is chargeable to tax (by
whatever name called).
Salary from all employers shall be taken into consideration in respect of the period during
which an accommodation is provided. Where on account of the transfer of an employee
from one place to another, he is provided with accommodation at the new place of
posting while retaining the accommodation at the other place, the value of perquisite shall
be determined with reference to only one such accommodation which has the lower value
for a period not exceeding 90 days and thereafter the value of perquisite shall be charged
for both such accommodation.
B Valuation of the perquisite of furnished accommodation- the value of perquisite as
determined by the above method (in A) shall be increased byi)
10% of the cost of furniture, appliances and equipments, or
where the furniture, appliances and equipments have been taken on hire, by the
amount of actual hire charges payable and the value so arrived at shall be reduced
by any charges paid by the employee himself.
It is added that where the accommodation is provided by the Central Government or any
State Government to an employee who is serving on deputation with any body or
undertaking under the control of such Government,-
(1) If an employer provides motor car facility to his employee, the value of such
perquisite shall be :
Nil, if the motor car is used by the employee wholly and exclusively in the
performance of his official duties.
Rs. 1800/- (plus Rs. 900/-, if chauffeur is also provided) per month (in case the
motor car is used partly in performance of duties and partly for private or personal
purposes of the employee or any member of his household if the expenses on
maintenance and running of motor car are met or reimbursed by the employer).
However, the value of perquisite will be Rs. 2400/-(plus Rs. 900/-, if chauffeur is
also provided) per month if the cubic capacity of engine of the motor car exceeds
1.6 litres.
Rs. 600/- (plus Rs. 900/-, if chauffeur is also provided) per month (In case the
motor car is used partly in performance of duties and partly for private or personal
purposes of the employee or any member of his household if the expenses on
maintenance and running of motor car for such private or personal use are fully
met by the employee). However, the value of perquisite will be Rs. 900/- (plus Rs.
900/-, if chauffeur is also provided) per month if the cubic capacity of engine of
the motor car exceeds 1.6 litres.
(2) If the motor car or any other automotive conveyance is owned by the employee but
the actual running and maintenance charges are met or reimbursed by the employer, the
method of valuation of perquisite value is different and as below:
a) where the motor car or any other automotive conveyance is owned by the employee
but actual maintenance & running expenses (including chauffeur salary, if any) are met or
reimbursed by the employer, no perquisite shall be chargeable to tax if the car is
used wholly and exclusively for official purposes. However following compliances are
necessary:
The employer has maintained complete details of the journey undertaken for
official purposes;
The employer gives a certificate that the expenditure was incurred wholly for
official duties.
III. Personal attendants etc. [Rule 3(3)]: The value of free service of all personal
attendants including a sweeper, gardener and a watchman is to be taken at actual cost to
the employer. Where the attendant is provided at the residence of the employee, full cost
will be taxed as perquisite in the hands of the employee irrespective of the degree of
personal service rendered to him. Any amount paid by the employee for such facilities or
services shall be reduced from the above amount.
IV. Gas, electricity & water for household consumption [Rule 3(4)]: The value of
perquisite in the nature of gas, electricity and water shall be the amount paid by the
employer. Where the supply is made from the employer's own resources, the
manufacturing cost per unit incurred by the employer would be taken for the valuation of
perquisite. Any amount paid by the employee for such facilities or services shall be
reduced from the perquisite value.
The value of perquisite on account of travelling, touring, accommodation and any other
expenses paid for or reimbursed by the employer for any holiday availed of by the
employee or any member of his household, other than leave travel concession (as per
section 10(5) ), shall be the amount of the expenditure incurred by the employer in that
behalf. However, any amount recovered
from or paid by the employee shall be reduced from the perquisite value so determined.
Where such facility is maintained by the employer, and is not available uniformly to all
employees, the value of benefit shall be taken to be the value at which such facilities are
offered by other agencies to the public. If a holiday facility is maintained by the employer
and is available uniformly to all employees, the value of such benefit would be exempt.
Where the employee is on official tour and the expenses are incurred in respect of any
member of his household accompanying him, the amount of expenditure with respect to
the member of the household shall be a perquisite.
IX. Use of assets [Rule 3(7)(vii)]: It is common practice for a movable asset (other than
those referred in other sub rules of rule 3) owned by the employer to be used by the
employee or any member of his household. This perquisite is to be charged at the rate of
10% of the original cost of the asset as reduced by any charges recovered from the
employee for such use. However, the use of Computers and Laptops would not give rise
to any perquisite.
1. Any income falling within any of the following clauses shall not be included in
computing the income from salaries for the purpose of section 192 of the Act :-
The value of any travel concession or assistance received by or due to an
employee from his employer or former employer for himself and his family, in
connection with his proceeding (a) on leave to any place in India or (b) after
retirement from service, or, after termination of service to any place in India is
exempt under Section 10(5) subject, however, to the conditions prescribed in Rule
2B of the Rules. For the purpose of this clause, "family" in relation to an
individual means:
7. Any sum received under a Life Insurance Policy (Sec 10(10D), including the
sum allocated by way of bonus on such policy other than the following is exempt
under section 10(10D):
A. any sum received under section 80DD(3) or section 80DDA(3); or
B. any sum received under a Keyman insurance policy; or
C. any sum received under an insurance policy issued on or after 1.4.2003,
but on or before 31-03-2012, in respect of which the premium payable for
any of the years during the term of the policy exceeds 20 percent of the
actual capital sum assured; or
D. any sum received under an insurance policy issued on or after 1.4.2012 in
respect of which the premium payable for any of the years during the term
of the policy exceeds 10 percent of the actual capital sum assured; or
E. any sum received under an insurance policy issued on or after 1.4.2013 in
cases of persons with disability or person with severe disability as per Sec
80U or suffering from disease or ailment as specified in Sec 80DDB, in
respect of which the premium payable for any of the years during the term
of the policy exceeds 15 percent of the actual capital sum
assuredHowever, any sum received under such policy referred to in (iii),
(iv) and (v) above, on the death of a person would be exempt.
8. Any payment from a Provident Fund to which the Provident Funds Act, 1925,
applies or from any other provident fund set up by the Central Government and
notified by it in the Official Gazette is exempt under section 10(11).
10. Any scholarship granted to meet the cost of education is not to be included in total
income as per provisions of section 10(16) of the Act.
11. Section 10(18) provides for exemption of any income by way of pension received
by an individual who has been in the service of the Central Government or State
Government and has been awarded "Param Vir Chakra" or "Maha Vir Chakra" or
"Vir Chakra" or such other gallantry award as may be specifically notified by the
Central Government. Family pension received by any member of the family of
such individual is also exempt [Notifications No.S.O.1948(E) dated 24.11.2000
and 81(E) dated 29.1.2001, which are enclosed as per Annexure VIII & IX].
“Family” for this purpose shall have the meaning assigned to it in Section 10(5) of
the Act.
Section 80C, entitles an employee to deductions for the whole of amounts paid or
deposited in the current financial year in the following schemes, subject to a limit of
Rs.1,50,000/-:
3. Any sum deducted from the salary payable by, or, on behalf of the Government to
any individual, being a sum deducted in accordance with the conditions of his
service for the purpose of securing to him a deferred annuity or making
provision for his spouse or children, in so far as the sum deducted does not exceed
1/5th of the salary;
a) Any contribution made :an individual to any Provident Fund to which the
Provident Fund Act, 1925 applies;
b) to any provident fund set up by the Central Government, and notified by it
in this behalf in the Official Gazette, where such contribution is to an
account standing in the name of an individual, or spouse or children;
4. Any sum paid as contribution in the case of an individual, for himself, spouse or any
child,
a. for participation in the Unit Linked Insurance Plan, 1971 of the Unit Trust of
India;
b. for participation in any unit-linked insurance plan of the LIC Mutual Fund
referred to section 10 (23D) and as notified by the Central Government.
5.Any subscription made to effect or keep in force a contract for such annuity plan of the
Life Insurance Corporation or any other insurer as the Central Government may, by
notification in the Official Gazette, specify
6. Any subscription made to any units of any Mutual Fund, of section 10(23D), or
from the Administrator or the specified company referred to in Unit Trust of India
(Transfer of Undertaking & Repeal) Act, 2002 under any plan formulated in
accordance with any scheme as the Central Government, may, by notification in
the Official Gazette, specify in this behalf;
[The Central Government has since notified the Equity Linked Saving Scheme,
2005 for this purpose vide Notification S.O. No. 1563(E) dated 3.11.2005]
7. Any contribution made by an individual to any pension fund set up by any Mutual
Fund referred to in section 10(23D), or, by the Administrator or the specified
company defined in Unit Trust of India (Transfer of Undertaking & Repeal) Act,
2002, as the Central Government may, by notification in the Official Gazette,
specify in this behalf;
8. Any subscription made to any such deposit scheme of, or, any contribution made
to any such pension fund set up by, the National Housing Bank, as the Central
Government may, by notification in the Official Gazette, specify in this behalf;
9. Any subscription made to any such deposit scheme, as the Central Government
may, by notification in the Official Gazette, specify for the purpose of being
floated by (a) public sector companies engaged in providing long-term finance for
construction or purchase of houses in India for residential purposes, or, (b) any
authority constituted in India by, or, under any law, enacted either for the purpose
of dealing with and satisfying the need for housing accommodation or for the
purpose of planning, development or improvement of cities, towns and villages,
or for both.
10. Any sums paid by an assessee for the purpose of purchase or construction of a
residential house property, the income from which is chargeable to tax under the
head "Income from house property" (or which would, if it has not been used for
assessee's own residence, have been chargeable to tax under that head) where
such payments are made towards or by way of any
instalment or part payment of the amount due under any self-financing or other
scheme of any Development Authority, Housing Board etc.
11. Tuition fees, whether at the time of admission or thereafter, paid to any university,
college, school or other educational institution situated in India, for the purpose of
full-time education of any two children of the employee.
Full-time education includes any educational course offered by any university,
college, school or other educational institution to a student who is enrolled full-
time for the said course. It is also clarified that full-time education includes play-
school activities, prenursery and nursery classes.
12. Subscription to equity shares or debentures forming part of any eligible issue of
capital made by a public company, which is approved by the Board or by any
public finance institution.
13. Subscription to any units of any mutual fund referred to in clause (23D) of
Section 10 and approved by the Board, if the amount of subscription to such units
is subscribed only in eligible issue of capital of any company.
14. Investment as a term deposit for a fixed period of not less than five years with a
scheduled bank, which is in accordance with a scheme framed and notified by the
Central Government, in the Official Gazette for these purposes.
Section 80CCC allows an employee deduction of an amount paid or deposited out of his
income chargeable to tax to effect or keep in force a contract for any annuity plan of
Life Insurance Corporation of India or any other insurer for receiving pension from
the Fund referred to in section 10(23AAB). However, the deduction shall exclude interest
or bonus accrued or credited to the employee's account, if any and shall not exceed Rs.
1,50,000. However, if any amount is standing to the credit of the employee in the fund
referred to above and deduction has been allowed as stated above and the employee or his
nominee receives this amount together with the interest or bonus accrued or credited to
this account due to the reason of
1. Surrender of annuity plan whether in whole or part
2. Pension received from the annuity plan
Then the amount so received during the Financial Year shall be the income of the
employee or his nominee for that Financial Year and accordingly will be charged to tax.
Where any amount paid or deposited by the employee has been taken into account for the
purposes of this section, a deduction with reference to such amount shall not be allowed
under section 80C.
Withdrawal of deduction – If the assessee, after claiming the aforesaid deduction, fails to
satisfy the above conditions, the deduction originally allowed shall be deemed to be the
income of the assessee of the year in which default is committed. This deduction is
allowed for three consecutive assessment years beginning with the AY in which the listed
equity shares or units were first acquired. If any deduction is claimed by a taxpayer under
this section in any year, he shall not be entitled to any deduction under this section for
any other year.
Section 80DDB allows a deduction in case of employee, who is resident in India, during
the previous year, of any amount actually paid for the medical treatment of such disease
or ailment as may be specified in the rules 11DD (1) for himself or a dependant. The
deduction allowed is equal to the amount actually paid is in respect of the employee or
his dependant or Rs. 40,000 whichever is less.
Now the deduction can be allowed on the basis of a prescription from an oncologist, a
urologist, nephrologist, a haematologist, an immunologist or such other specialist, as
mentioned in Rule 11DD. However, the amount of the claim shall be reduced by the
amount if any received from the insurer or reimbursed by the employer. Further in case of
the person against whom such claim is made is a senior citizen (60 age years or more)
then the deduction upto Rs 60,000/- is allowed and in case of very senior citizen (80 age
years or more) the deduction upto Rs 80,000/- is allowed.
For the purpose of this section, in the case of an employee, "dependant" means
individual, the spouse, children, parents, brothers and sisters of the employee or any of
them, dependant wholly or mainly on the employee for his support and maintenance.
Vide Notification SO No. 2791(E) dated 12.10.2015, Rules 11DD has been amended to
do away with the requirement of furnishing a certificate in Form 10-I. A prescription
from a specialist as specified in the Rules containing the name and age the patient, name
of the disease/ailment along with the name, address, registration number & qualification
of the specialist issuing the prescription would now be required.
Deduction in respect of interest on loan taken for higher education (Section 80E):
Section 80E allows deduction in respect of payment of interest on loan taken from any
financial institution or any approved charitable institution for higher education for the
purpose of pursuing his higher education or for the purpose of higher education of his
spouse or his children or the student for whom he is the legal guardian. The deduction
shall be allowed in computing the total income for the Financial year in which the
employee starts paying the interest on the loan taken and immediately succeeding seven
Financial years or until the Financial year in which the interest is paid in full by the
employee, whichever is earlier.
For the purpose of this section –
(a) "approved charitable institution" means an institution established for charitable purposes and
approved by the prescribed authority section 10(23C), or an institution referred to in
section 80G(2)(a);
(b) "financial institution" means a banking company to which the Banking Regulation
Act, 1949 applies (including any bank or banking institution referred to in section 51 of
that Act); or any other financial institution which the Central Government may, by
notification in the Official Gazette, specify in this behalf;
(c) "higher education” means any course of study pursued after passing the Senior
Secondary Examination or its equivalent from any school, board or university recognized
by the Central Government or State Government or local authority or by any other
authority authorized by the Central Government or State Government or local authority to
do so;
CHAPTER 3
Research Methodology
Secondary data , is the data collected by someone other than the user. Common sources
of the secondary data is censuses, organizational records and data collected through
qualitative methodologies or qualitative research.
Secondary data analysis saves time that would be otherwise be spent collecting data
particularly in the case quantitative data that provides larger and higher quality database
that would be unfeasible for any individual researcher to collect on their own. In addition
the analysts of social media and economic change consider in data essential, since it is
impossible to conduct new survey that can adequately capture the past change or new
development.
The required data is collected using the following ways-
Personal interview was taken from employees
Further the data was collected from books, journals and document.
The research methodology used is systematic, theoretical analysis method applied to field
study. It compromises theoretical analysis of body of methods and principles with
branch of study.
Limitation of research
Following limitation was found the study -
1. Shortage of time factor was one of the biggest constraints.
2. More stress was faced in data collection through personal interviews.
3. All the observation and recommendation and will be made on the feedback
obtained from survey.
DATA ANLAYSIS AND INTERPRETATION
Tax Deducted at Source (TDS) is applicable for individuals and businesses, the payee is
required to collect tax at source before making certain types of payments for rendering
specific services. The types of payments include salary, fees, interest, rent, commission,
etc. The payee is directed to collect a certain percentage of TDS that is sent to the Central
Government.
TDS Calculation
According to
Section 192: Payment of salary Income Slab as
specified above
a) HUF/Individuals 1
b) Others 2
5 (10% till
Section 194D: Insurance commission Assessment year
2016-17)
25% in case of
Section 194LBC: Income in respect of investment made Individual or
in a securitization trust (specified in Explanation of HUF 30% in
Section 115TCA) case of other
person
The government allows tax exemption under Section 80C and 80D. This allows an
individual to seek for exemption on tax based on various types of investment he/she is
making for that particular financial year. The TDS on salary can be calculated by
reducing the exemption from total annual earning as specified by the Income Tax
department. The employer is required to obtain a declaration and proof from individuals
to approve tax exemption. The following categories are considered for exemption:
House Rent Allowance - If an employee is paying towards accommodation as rent and
entitled for HRA from the employer, the employee can declare this amount for tax
exemption.
Conveyance or Travel Allowance - If an employee is provided with conveyance
allowance, the employee can declare them for tax exemption.
Medical Allowance - If an employee is entitled to a medical allowance, he/she can
declare and produce medical bills for tax exemption.
There are limits to the maximum amount that can be considered for exemption.
TDS Deductions
Calculating total earning - The employer is required to calculate the total earning of the
employee.
Calculating total amount eligible for the exemption - The employer is accountable for
calculating the total amount that is considered for tax exemption. The employee needs
to declare the type of amount that is eligible for exemption.
Obtaining declaration and investment proof - The employer is required to collect
investment and proofs from employees
Depositing TDS deductions - The employer will require depositing the collected TDS
to the central government.
Section 80C
An employee can declare for a maximum of Rs.1,50,000 for tax exemption. The
following investments schemes are considering for exemption under 80C:
Investment in mutual funds and equity shares, such as ULIP, Linked Saving Scheme of
a Mutual Fund/UTI
Life insurance Premium paid
Contribution to statutory PF, 15 years P.P.F., and superannuation funds
Payments towards subscription for National Saving Certificates and Home Loan
Account Scheme
Interest earned through few of the National Savings Certificates are eligible for a
certain amount of tax
Fixed deposit scheme for a period of minimum 5 years
Section 80CCG
Section 80D
The section 80D offer exemption for the premiums paid for a Medical Insurance. The
exemption is also extended to the individual's dependents.
There are various other Sections that regulates many other types of exemptions.
While the basic salary is fully taxable according to respective tax bracket, some
exemptions are available for payments made as allowances and perks. You can
calculate TDS on your income by following the below steps.
Calculate gross monthly income as a sum of basic income, allowances and perquisites.
Calculate available exemptions under Section 10 of the Income Tax Act (ITA).
Exemptions are applicable on allowances such as medical, HRA, travel.
Reduce exemptions according to step (2) for the gross monthly income calculated in
step (1).
As TDS is calculated on yearly income, multiply the corresponding figure from above
calculation by 12. This is your yearly taxable income from salary.
If you have any other income source such as income from house rent or have incurred
losses from paying housing loan interests, add/subtract this amount from the figure in
step (4).
Next, calculate your investments for the year which fall under Chapter VI-A of ITA,
and deduct this amount from the gross income calculated in step (5). An example of
this would be exemption of up to Rs.1.5 lakh under Section 80C, which includes
investment avenues such as PPF, life insurance premiums, mutual funds, home loan
repayment, ELSS, NSC, Sukanya Samriddhi account and so on.
Now, reduce the maximum allowable income tax exemptions on a salary. Currently,
income up to Rs.2.5 lakhs is fully exempt from paying taxes, while income from Rs.2.5
lakhs to Rs.5 lakhs is taxed at 10%, and Rs.5 lakhs to Rs.10 lakhs income bracket is
taxed at 20%. All income above this amount is taxed at 30%.
Do note that senior citizen have different tax slabs and receive higher exemptions than
those discussed above.
Example
As per the steps outlined above, let’s consider a numeric example for better
understanding.
Tax
Income Tax Slab TDS Deductions
Payable
It is imperative that you are honest about the details of all your income and expenses for a
fiscal for tax calculation purposes. Sometimes, you may miss a few details such as
income from previous job when switching to a new job, or additional income from a
contractual opportunity. This should not happen as hiding or misrepresenting income
sources will be heavily penalised by the respective tax authorities. You have to ensure
that all your data is in order and will hold up to any cross verification at a later stage to
avoid problems with the taxman.
Conclusion and suggestion
Tax deduction at source (TDS) is an instrument designed for quick and smooth collection
of tax due to the authorities from the taxpayer. The objective of TDS could be said, in
general, to be maximization of revenue collection while minimizing the cost of
collection.1 For example, it should be easier to deduct tax from all employees by one
employer than for the tax administration to collect from each individual separately. This
is so especially for wage and salary income; and this is why such income is subject to
TDS in a wide cross section of countries.
The problem of tax evasion is a fundamental reason for expanding the scope of TDS.
Tax evasion is a universal phenomenon. It takes place in all societies, all social classes,
all professions, all industries, and all economic systems. It depends on the economic and
tax structures, types of income, and social attitudes. The economic theory of tax evasion
has limitations since it rests solely on attitudes towards risk, with full information
regarding the tax administration’s behavior. In reality, the latter itself can vary, based on
a well planned strategy or suffering from negligence or selective indulgence. Commonly,
however, tax administration measures to contain tax evasion include withholding (TDS),
presumptive and minimum taxes, selective auditing, penalties, and cross checks of returns
filed by a taxpayer for different taxes such as the income tax and the value added tax
(Shome, 1992).
While TDS is reputed to be a powerful instrument for addressing the problem of tax
evasion, as a tax administration mechanism, it has both advantages as well as
disadvantages. Any TDS system, unless it is designed to minimize these inherent flaws,
will fail to facilitate tax administration or improve revenue collection ostensibly.
Therefore, familiarization with both advantages and disadvantages of TDS systems is
important lest the expected benefits from TDS functions be lost. Among the advantages
may be mentioned:
(1) the intent of the law is more conveniently fulfilled since the tax flow should parallel
income flow more closely than without TDS;
(2) since tax is collected prior to receiving income, compliance is improved and
enforcement costs are reduced;
(3) because of improved cash-flow, government’s day-to-day borrowing needs are eased;
(4) among those within the TDS net, the tax burden is shared more equitably; and
(5) since tax collection responsibility is shared by the collection agents, tax officers can
devote more time and resources to other functions of tax administration such as
expanding the universe of taxpayers, audit and scrutiny, and so on.
TDS in India has a wide scope by international standards. It covers (i) various kinds
of income (on gross basis), (ii) royalty (iii) winnings, (iv) repurchase value of certain
financial instruments, (v) withdrawals from specified savings schemes, (vi) payments to
contractors/subcontractors or non-resident sportsmen or sports associations, and (vii)
purchase price of some specified products like liquor, timber and forest produce. The
scheme applies to company as well as non-company taxpayers, as also to residents and
non-residents. On the whole, TDS is not only fully operational, but the growing
experience with it is also helping to improve the existing systems of assessment,
verification and refund. The scope of TDS is likely to increase further. Indeed, it is
desirable that it be so since it would improve equity. The contribution of TDS in income
tax revenue however, has declined in the 1990s even as its coverage has widened. The
main findings and recommendations in light of the discussion in following chapters are as
follows.
Recommendations
Tax deduction at source is an important instrument in the hands of tax administration for
influencing compliance with the tax laws. An improvement in implementation of the
scheme of TDS can result in further increase in (i) its share in total collection of income
tax, and (ii) total collection of income tax itself. This can be achieved through suitable
enforcement strategies
The department receives voluminous information from taxpayers and third parties that
can be useful in enforcing tax laws. The benefit of availability of this information is often
not fully availed due to lack of adequate infrastructure and manpower. While up
gradation of technology and manpower skills is necessary for efficient operation of TDS,
some improvement should be possible by adopting innovative techniques. What is
required is a credible threat to taxpayers and tax deductors with meaningful action
through appropriate schemes. Such schemes include use of selective but vital
information, prudent allocation of manpower, verification of selective transactions, and
in-depth analysis of selected likely defaulting cases.
The process of upgrading the technology and improving the manpower skills needs to
be expedited and the available resources need to be prudently deployed. There is need for
an overall policy formulation regarding the category of officers who would be deputed to
man this task. Officers about to be promoted or those having an interest in technical up
gradation of work should be preferred. The tendency for deputing the relatively less
efficient officers to this task, should be curbed. The manpower requirement should be
carefully determined not only on the basis of actual returns but also the number of
potential payees who should be covered as this is the true reflection of the extent of
possible work. Also, the overlap of inquiries by the officers having jurisdiction over the
employers and the officer monitoring TDS should be minimized through administrative
instructions. Once this is done, the working of the TDS cells could be streamlined on the
lines discussed below.
Bibliography
http://www.shrirampistons.com/
https://www.bankbazaar.com/tax/how-calculate-tds-from-salary.html
https://en.wikipedia.org
www.google.com
https://www.tdscpc.gov.in/app/tapn/tdstcscredit.xhtml