Tax Payers Information Series - 35

TDS
ON
SALARIES

INCOME TAX DEPARTMENT

Directorate of Income Tax (PR, PP & OL)
6th Floor, Mayur Bhawan, Connaught Circus
New Delhi-110001
 PREFACE
The provisions of the Income Tax Act relating to Tax
Deduction at Source from Salaries are of immense importance in
the context of present scenario when TDS collections account for
almost 30% of total collection of Direct Taxes.

The Income Tax Act provides for penalties for defaults in

respect of deduction of TDS and deposit thereof into Central
Government account. The Law is even more strict in case the
TDS has been deducted but not deposited into Government account
in the prescribed manner. In such a case, besides penalties, the
Law provides even for prosecution. Therefore, the Tax Deductors
need to be well conversant with the provisions relating to Tax
This publication should not be construed as an Deduction at Source. This booklet under the TPI series is an attempt
exhaustive statement of the Law. In case of doubt, to put forth the various provisions relating to Tax Deduction at
reference should always be made to the relevant Source from Salaries in a lucid but precise manner.
provisions of the Income Tax Act, 1961, Income Tax
Rules, 1962 Wealth Tax Act, 1957 and Wealth Tax Shri Madhukar Kumar Bhagat, Dy. Secretary (ITJ), CBDT,
Rules, 1957, and, wherever necessary, to Notifications New Delhi has very painstakingly updated the booklet as per the
issued from time to time. provisions of the Law as amended upto Finance Act, 2008.
I am sure that this updated edition will be widely accepted by
the users.

Any suggestions for further improvement of the booklet would

be welcome.

(Amitabh Kumar)
Director of Income Tax (PR, PP & OL)
New Delhi
Dated : July 4 , 2008.
 CONTENTS

TOPIC PAGE NO.

CHAPTER–1 INTRODUCTION 1

CHAPTER–2 OVER VIEW OF THE TDS 2

PROVISIONS

CHAPTER–3 INCOME UNDER THE HEAD 20

SALARIES

CHAPTER–4 INCOME OTHER THAN SALARIES 34

CHAPTER–5 TDS ON PENSION & 36

RETIREMENT BENIFITS

CHAPTER–6 DEDCUTION UNDER CHAPTER-VIA 42

CHAPTER–7 RELIEF FOR INCOME TAX 51

CHAPTER–8 PENALTIES & PROSECUTION 53

CHAPTER–9 TDS ON SALARY PAYMENTS TO 57

NON RESIDENTS & EXPATRIATES

CHAPTER–10 e-TDS & QUARTERLY 61

STATEMENTS OF TDS

CHAPTER–11 IMPORTANT CIRCULARS/ 80

NOTIFICATIONS

ANNEXURE–I 83

ANNEXURE–II 87

ANNEXURE–III 90
 CHAPTER-1 CHAPTER-2
INTRODUCTION OVER VIEW OF THE TDS
1. The Indian Income Tax Act provides for chargeability of tax PROVISIONS
on the total income of a person on an annual basis. The quantum
of tax determined as per the statutory provisions is payable as : 2.1 Introduction :
a) Advance Tax Section 192 of the I.T.Act, 1961 provides that every person
b) Self Assessment Tax responsible for paying any income which is chargeable under the
c) Tax Deducted at Source (TDS) head ‘salary’, shall deduct income tax on the estimated income of
d) Tax Collected at Source the assessee under the head salaries. The tax is required to be
e) Tax on Regular Assessment calculated at the average rate of income tax as computed on the
Tax deducted at source (TDS), as the very name implies basis of the rates in force. The deduction is to be made at the time
aims at collection of revenue at the very source of income. It is of the actual payment. However, no tax is required to be deducted
essentially an indirect method of collecting tax which combines at source, unless the estimated salary income exceeds the maximum
the concepts of “pay as you earn” and “collect as it is being amount not chargeable to tax applicable in case of an individual
earned.” Its significance to the government lies in the fact that during the relevant financial year. The tax once deducted is required
it prepones the collection of tax, ensures a regular source of to be deposited in government account and a certificate of deduction
revenue, provides for a greater reach and wider base for tax. At of tax at source(also referred as Form No.16) is to be issued to the
the same time, to the tax payer, it distributes the incidence of tax employee. This certificate is to be furnished by the employee with
and provides for a simple and convenient mode of payment. his income tax return after which he gets the credit of the TDS in
his personal income tax assessment. Finally, the employer/deductor
The concept of TDS requires that the person on whom is required to prepare and file quarterly statements in form no.24Q
responsibility has been cast, is to deduct tax at the appropriate with the Income-tax Department.
rates, from payments of specific nature which are being made to
a specified recipient. The deducted sum is required to be 2.2 Who is to deduct tax
deposited to the credit of the Central Government. The recipient
from whose income, tax has been deducted at source, gets the The statute requires deduction of tax at source from the income
credit of the amount deducted in his personal assessment on the under the head salary. As such the existence of “employer-employee”
basis of the certificate issued by the deductor. 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
While the statute provides for deduction of tax at source on not only works under the direct control and supervision of his employer
a variety of payments of different nature, in this booklet, an but also is subject to the right of the employer to control the manner in
attempt is being made to discuss various provisions relevant only which he carries out the instructions. Thus the law essentially requires
to the salaried class of taxpayers. the deduction of tax when;

2
(a) Payment is made by the employer to the employee. of the company, still the statutory responsibility to deduct tax at
(b) The payment is in the nature of salary and source rests with the company and its principal officer thereof. In
respect of companies, the I.T.Act Section 2(35) has specified
(c) The income under the head salaries is above the maximum
principal officer to mean:
amount not chargeable to tax.
(a) Secretary, Treasurer, Manager or agent of the company.
For the various categories of employers, the persons
responsible for making payment under the head salaries and for (b) Any person connected with the management or administration
deduction of tax are as below: of the company upon whom the assessing officer has served
the notice of his intention to treat him as a principal officer.
In the case of,
1. Central/State Government/P.S.U - The designated 2.3 TDS on simultaneous employment with more than
drawing & one employer or on change of employment
disbursing officers.
Sub-Section 2 of Section 192 provides that where a person is
2. Private & Public Companies - The company simultaneously employed with more than one employer, he may
itself as also the furnish the particulars of salary payments and TDS to the employer
principal officer of his choice. Similarly, on change of employment the particulars of
thereof. salary and TDS of earlier employment may be furnished to the
3. Firm - The managing subsequent employer. These particulars are to be furnished in Form
partners/partner of 12 B in accordance with Rule 26A of the I.T.Rules. The employer
the firm. on receipt of such information is required to take into account the
4. HUF - Karta of the HUF particulars of such salary and TDS and then deduct tax at source
5. Proprietorship concern - The proprietor of considering the aggregate salary from all sources.
the said concern.
1
2.4 When is tax to be deducted
6. Trusts - Managing trustees
thereof. Section 192 casts the responsibility on the employer, of tax
deduction at source, at the time of actual payment of salary to the
In case of a company, it is to be noted, that though the company employee. Unlike the provisions of TDS, pertaining to payments
may designate an officer /employee to make payments on the behalf other than salary where the obligation to deduct tax arises at the
1
As per sub section 4 of sec 192, the trustees of a recognised provident fund time of credit or payment, which ever is earlier, the responsibility to
are required to deduct tax at source at the time of making payment of the deduct tax from salaries arises only at the time of payment. Thus,
accumulated balance due to an employee. The TDS is to be made in a case when advance salary and arrears of salary have been paid, the
where sub-rule(1) of rule 9 of part - A of Fourth Schedule of the Act applies
employer has to take the same into account while computing the
and the deduction is to be made as per rule 10 of part A of Fourth Schedule.
tax deductible.

3 4
2.5 Rate of deduction of tax (iii) Where the total income Rs.12,000/- + 20% of the amount
exceeds Rs.3,00,000/- but does by which total income exceeds
As per Section 192, the employer is required to deduct tax at not exceed Rs.5,00,000/-. Rs.3,00,000/-.
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 (iv) Where the total income Rs.52,000/- + 30% of the amount
year in which payment is made. exceeds Rs.5,00,000/-. by which the total income
exceeds Rs.5,00,000/-.
The Finance Act of each financial year specifies the rates in
force for deduction of tax at source. For F.Y.2008-2009 rate of III In case of an individual resident who is of the age of
TDS is specified in Part-3, First Schedule of Finance Act 2008. 65 years or more at any time during the previous year :-
The same is as follows :-
(i) Where the total income does Nil
I In case of individual & HUF (other than II and III below) :- not exceed Rs.2,25,000/-

(i) Where the total income does Nil (ii) Where the total income 10% of the amount by
not exceed Rs.1,50,000/-. exceeds Rs.2,25,000/- but does which the total income exceeds
not exceed Rs.3,00,000/- Rs.2,25,000/-
(ii) Where the total income 10% of the amount in excess of
exceeds Rs.1,50,000/- but does Rs.1,50,000/-. (iii) Where the total income Rs.7,500/- + 20% of the amount
not exceed Rs.3,00,000/-. exceeds Rs.3,00,000/- but does by which the total income
not exceed Rs.5,00,000/- exceeds Rs.3,00,000/-
(iii) Where the total income Rs.15,000/- + 20% of the amount
exceeds Rs.3,00,000/- but does by which total income exceeds (iv) Where the total income Rs.47,500/- + 30% of the amount
not exceed Rs.5,00,000/-. Rs.3,00,000/-. exceeds Rs.5,00,000/- by which the total income
exceeds Rs.5,00,000/-
(iv) Where the total income Rs.55,000/- + 30% of the amount
exceeds Rs.5,00,000/-. by which total income exceeds 2.5.1 Surcharge on tax
Rs.5,00,000/-.
II In case of individual being a woman resident in India and The amount of income tax computed as per rates specified
below 65 years at any time during the previous year :- above is to be reduced by the amount of rebate of income tax
calculated under chapter VIII A of the I.T. Act 1961 (in case of
(i) Where the total income does Nil individuals, HUF, AOP & BOI). The income tax so arrived at is to
not exceed Rs.1,80,000/-. be increased by a surcharge calculated at the rate of 10% on such
(ii) Where total income exceeds 10% of the amount by income tax. The Finance Act 2008 provides for levy of surcharge
Rs.1,80,000/- but does not exceed which the total income exceeds only when the total income exceeds Rs.10,00,000/-. The amount
Rs.3,00,000/-. Rs.1,80,000/-. of income tax as increased by surcharge , if any, as mentioned

5 6
above shall be further increased by an Education Cess of 3% on 2.5.4 Revision of estimate of tax liability
the income tax and surcharge which is payable by Resident as well
as non-resident assessees. The deduction of tax at source is then As per Sub-Section 3 of Section 192 a deductor can make
to be made after also taking into account the surcharge as well as adjustments for any excess or shortfall in the deduction of tax already
Education Cess on tax so calculated. made during the financial year, in the subsequent deductions. For
instance, in the case where payment of advance salary, arrears of
2.5.2 Average rate of deduction salary, or increase of salary, commission, bonus, etc. has taken place,
the tax liability of the employee will increase. Deduction of tax at
The statute enjoins the employer to compute the tax liability of source is accordingly required to be increased. Similarly, if the
the employee on the basis of the rates in force and to deduct the employee makes certain investments which qualify for deduction
tax at the average rate computed on the basis of the same. Thus, or rebate and furnishes the required proof which reduces the tax
the employer is required to compute at the beginning of the financial liability, then the employer can accordingly reduce the quantum of
year, the total salary income payable to an employee during the TDS.
financial year. Further, the employer should also take into account
any other income as reported by the employee. After considering 2.5.5 Deduction at a lower rate or non-deduction
the incomes exempt, deductions, rebate and relief, the tax liability of tax
of the employee should be determined on the basis of the rates in
force for the financial year. Every month, 1/12 of this net tax Section 197 enables a tax payer to make an application to his
liability as computed above is required to be deducted. Assessing Officer for deduction of tax at a lower rate or non
deduction of tax. The application has to be made in Form No.13
2.5.3 Payment of tax by employer on non monetary (vide Rule 28(1)). If the Assessing Officer is satisfied that the total
perquisite income of a tax payer justifies the deduction of income tax at any
lower rate or no deduction of income tax, he may issue an appropriate
W.e.f. 1.6.2002 the employer has an option to pay the tax on certificate (relevant Rule 28AA).
the non monetary perquisite given to the employee. Sections 192(1A)
& 192 (1B) of the Income Tax Act, enable the employer at his The certificate is valid only for the assessment year as specified
option, to make payment of the entire tax or a part of the tax due on therein. On expiry of the validity period, a fresh application may be
non monetary perquisites. The tax payable is to be determined at made. A certificate is issued directly to the person responsible for
the average rate of the income tax computed on the basis of rates deducting tax/DDO with a copy to the applicant. In absence of
in force and the payment will have to be made when such tax was such a certificate from the employee, the employer should deduct
otherwise deductible, i.e. at the time of payment of income income tax on salary payable at normal rates (Circular No.147 dt.28-
chargeable under the head salaries, to the employee. Further, the 10-1974).
tax so paid shall be deemed to be the TDS made from the salary of
the employee. However as per proviso to section 198, this tax paid
will not be deemed to be income of the employee.

7 8
2.5.6 TDS where the salary paid is net of tax other cases, the payment has to be normally made within a week of
the last day of the month in which the deduction is made. However,
Where the employee enters into an agreement or an vide Rule 30(1)(ii)(b), the Assessing Officer can, in special cases
arrangement as per which the tax chargeable on the income is with the prior approval of Jt. CIT, allow payment of TDS quarterly,
borne by the employer then for the purpose of deduction of tax, the i.e. on 15th of June, 15th of September, 15th of December and 15th
income is to be increased to such an amount as would, after deduction of March.
of tax thereon be equal to the net amount payable as per the
agreement or arrangement (Section 195A). However, this provision 2.6.2 Place of deposit of tax
is not applicable where the employer has made payment of tax on
non-monetary perquisites as provided in section 192(1A). Tax has to be deposited to the credit of the Central Government
in any of the branches of RBI, SBI or any specified public sector
2.5.7 Refund of TDS bank. The payment can be made either in cheque or cash or draft
drawn on local banks. In case of payment made by cheque, the
In case of excess deduction of tax at source, claim of refund date of encashment of the cheque will be the date of payment of
of such excess TDS can be made by the deductor. The excess tax(Circular No.141 dt.23-7-1974).
amount is refundable as per procedure laid down for refund of
TDS vide Circular No.285 dt.21-10-1980. It has been clarified vide circular No.306 dt.19-6-1961 that
payment of tax deducted at source should be made at the place
The difference between the actual payment made by the where the DDO/the person responsible for TDS is required to file
deductor and the tax deducted at source or deductible, whichever annual/periodical statement of TDS.
is more will be treated as the excess payment made. This amount
is to be first adjusted against any existing tax liability under any of 2.6.3 Challan of Payment
the Direct Tax Acts. After meeting such liability, the balance amount
is to be refunded. Where a deduction is made by or on behalf of the Government,
the amount is to be credited in the manner specified above without
2.6 Deposit of tax in Government account the use of challan(See Rule 30). In case of other deductors, the
deposition of TDS is to be made vide challan No.ITNS 281. The
As per Section 200 of the IT Act, the person responsible for deductor must ensure that the details like employer’s name and
deducting tax from payment made to an employee is also required address, PAN, TAN, the Assessing Officer having jurisdiction, the
to deposit the tax so deducted in Government account within the amount of tax and surcharge, the date of payment, the salary from
prescribed time and in the manner prescribed vide Rule 30. which TDS has been done and the tax which is being paid, are
correctly filled. Where TDS is credited to Government account
2.6.1 Time limit for deposit through book adjustments, care should be taken by the DDOs to
Where deduction is made by or on behalf of the Government, ensure that the correct amount of income tax is reflected therein.
the payment has to be made on the day of tax deduction itself. In

9 10
2.6.4 Electronic payment of taxes rules 2004 (see annexure for new form-16 and16AA). The
certificate is to be issued in the deductor’s own stationery. However,
An optional scheme of electronic payment of taxes for income- there is no obligation to issue TDS certificate in case of tax at
tax was introduced in 2004. However with a view to expand the source is not deducted /deductible by virtue of claims of exemptions/
scope of electronic payment of taxes, the scheme of electronic deductions.
payment of taxes has been made mandatory for the following
categories of tax-payers(vide notification No. 34/2008 dt. 13.3.2008 A New Sub section 203(3) has been incorporated in the
of CBDT). statue by the Finance Act,2004 and has been amended by
Finance Act, 2008. As per amended provisions of this section,
(i) All corporate assessees; where the tax has been deducted or paid on or after the 1st day
of April,2010 there shall be no requirement to furnish a TDS
(ii) All assessees (other than company) to whom provisions of
Certificate as required by section 203(2).
section 44AB of the Income Tax Act are applicable.
Further, as per section 203AA the prescribed income tax
2. The scheme of mandatory electronic payment of taxes for
authority or the person authorized by such authority (as referred
income-tax payers is applicable from 1st April, 2008 and shall also
in section 200(3)) is required to deliver to the person from whose
be applicable to payment of taxes to Government account where
income the tax has been deducted/paid a statement of deduction
tax has been deducted at source.
of tax in the prescribed form. Such statement as per rule 31AB
3. Tax-payers can make electronic payment of taxes through is to be furnished in form no.26AS by the 31st July following
the internet banking facility offered by the authorized banks. They the financial year during which the taxes were deducted/paid
will also be provided with an option to make electronic payment of (also refer Notification no. 928 E dt. 30.6.2005 of CBDT).
taxes through internet by way of credit or debit cards.
2.7.1 Furnishing of details of perquisites and profits
2.7 Issue of T.D.S. Certificate in lieu of salary
Every person deducting tax at source is required as per Section W.e.f. 1-6-2001, a new Section 192(2C) has been inserted. It
203 to furnish a certificate to the payee to the effect that tax has requires that, every person responsible for paying any income
been deducted alongwith certain other particulars. This certificate, chargeable under the head salaries, shall furnish to the employee a
usually called the TDS certificate, has to be furnished within a period statement giving correct and complete particulars of perquisites or
of one month from the end of the relevant financial year. Even the profits in lieu of salary, provided to him and the value thereof in :-
banks deducting tax at the time of payment of pension are required
to issue such certificates. In case of employees receiving salary (a) Relevant columns provided in Form No.16, if the amount of
income including pension, the certificate has to be issued in form salary paid or payable to the employee is not more than one
No.16 amended by CBDT’s notification No. S.O.1062 dt. 04.10.2002 lakh and fifty thousand rupees, or
and subsequently amended by the second and eighth amendment

11 12
(b) In Form No.12BA :- if the amount of salary paid or payable to the assessing officer is free to verify the genuineness of such
the employee is more than one lakh and fifty thousand rupees certificate by corresponding with the DDOs of Central Government
(as per notification no. S.O. 1062 dt. 04.10.2002 new proforma department. The DDOs are bound to offer facility of examination
for Form 12BA has been provided). of their payments to Central Government (Circular No.749 dt.
27-12-1996).
Where the employer has paid any tax on non-monetary
perquisite on behalf of the employee as provided in section 192(1A), 2.7.4 Issue of TDS certificates by way of digital
then he must furnish to the employee concerned a certificate to the signatures
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 other As per circular No. 2/2007 dt. 21.5.2007, the deductors may
particulars in the amended Form 16. at their option, in respect of the tax to be deducted at source from
income chargeable under the head Salaries, use their digital
2.7.2 Issue of duplicate certificate signatures to authenticate the certificates of deduction of tax at
source in form No. 16. The deductors will have to ensure that
Where the original TDS certificate is lost, the employee can
TDS certificates in Form No. 16 bearing digital signatures have a
approach the employer for issue of a duplicate TDS certificate.
control No. with log to be maintained by the employer (deductor).
The employer may issue a duplicate certificate on a plain paper
The deductor will ensure that its TAN and the PAN of the employee
giving the necessary details as contained in Form No.16(Relevant
are correctly mentioned in such Form No. 16 issued with digital
Rule-31(4)).
signatures. The deductors will also ensure that once the certificates
2.7.3 Credit of the tax where TDS is by book are digitally signed, the contents of the certificates are not amenable
adjustments to change by anyone. The income-tax authorities shall treat such
certificate with digital signatures as a certificate issued in accordance
In case of deduction of tax at source by any department of with rule 31 of the income-tax Rules, 1962 (Circular No. 2/2007,
the Central Government, payment of the same to the credit of the dated 21.5.2007).
Income Tax Department by means of book adjustments is permitted.
In such a case, in the certificate of TDS(Form No.16) issued to the RETURN/STATEMENTS OF T.D.S.
employee the DDO must specify that the credit of TDS has been
2.8 Annual Return of TDS
afforded to the Income tax department by book adjustment and
also the date of such book adjustment. Where the aforesaid details Annual return of TDS is a comprehensive yearly statement
have been given in the TDS certificate, the assessing officer should containing details of salary paid and taxes deducted thereon from
accept them and give credit of the TDS in the personal assessment the employees along with other prescribed details. Earlier, every
of the employee. In such cases, the TDS certificate should not be deductor, for deductions made prior to 01.04.2005 was required
rejected by the assessing officer if they do not contain details like as per the provisions of Section 206 (read with Rule 36A and 37) to
Challan No. or date of payment in Government account. However,

13 14
prepare and deliver an annual return of tax deducted at source in • Every deductor is required to file the quarterly statement of
form no. 24. Such a return was to be prepared and signed by the TDS in form No. 24Q for each quarter as per the dates
following - (a) the DDO or the prescribed officer in case of a specified above.
government office; (b) the principal officer in the case of every
company; (c) the managing partner/ partners in the case of a firm; • In case of every Government and Corporate deductor, the
(d) managing trustee in the case of trust; (e) Karta in the case of quarterly statements are to be delivered on computer
HUF; (f) prescribed person in the case of a local authority/public readable media (3.5" 1.44 MB floppy diskette or CD-Rom
body/association. However w.e.f. 01.04.2006 there is no of 650 MB capacity). The statement in computer readable
requirement to file annual returns and instead Quarterly media is to be prepared as per data structure provided by
statements of T.D.S. are to be submitted in form 24Q by the the e-filing Administrator(DGIT Systems) designated by the
deductors specified above. The quarterly statement of the Board for purposes of e-TDS Scheme : 2003. Further, a
last quarter in form 24Q as amended by notification no. 119 declaration in Form 27A is also to be submitted in paper
dated 12.05.2006, S.O. 704(E), shall be treated as annual format. Further quarterly statements are to be filed by such
return of T.D.S. deductors in electronic format with the e-TDS Intermediary
at any of the TIN Facilitation Centres, particulars of which
2.8.1 Quarterly statement of TDS are available at www.incometaxindia.gov.in and at http://
tin.nsdl.com.
As per sec.200(3), w.e.f. 01.04.2005, every person
responsible for deducting tax, is required to file quarterly • A person other than a corporate or government deductor
statements of TDS for the quarter ending on 30th June, 30th may at his option deliver the quarterly statements in
September, 31st December & 31st March in each financial year computer readable media as specified above. However, it is
which is to be delivered to the prescribed Income-tax authority not mandatory for him to do so (except for those mentioned
[Director General of Income tax (System)] or the persons in para 2.8.2).
authorized by such authority [M/s National Securities
• The quarterly statements are to be furnished in accordance
Depositories Ltd. (NSDL)]. This statement is to be filed in Form
with the provisions of rule 37A and rule 37B.
No.-24Q (relevant rule 31A) on or before the 15th July, the 15th
October and the 15 th January in respect of the first three • It is mandatory for the deductor to quote TAN and PAN in
quarters of the financial year and on or before the 15th June the quarterly statements. However, where the deduction has
following the last quarter of the financial year (also refer been made by or on behalf of the Government, PAN shall
Notification no. 928(E) dt. 30.6.2005 of CBDT). not be required to be quoted in the quarterly statement.
With respect to the quarterly statements of TDS, the • In the quarterly statements, the deductor is also required to
following points are noteworthy : - quote the Permanent Account Number (PAN) of all persons
in respect of whom Income-tax has been deducted.

15 16
 However, PAN of those persons is not required to be any of the TIN Facilitation Centres (particulars available at the
quoted who are specified under second proviso to sub websites, www.incometaxindia.gov.in and http://tin.nsdl.com)
section 5(b) to section 139A. These persons include those
who are not required to obtain PAN under any provisions of Vide Notification No.238/2007, dated 30.08.2007 of CBDT
this Act or those whose total income is not chargeable to the scope of mandatory filing of e-TDS returns has been expanded.
Income-tax and a declaration to this effect (in form and This notification comes into force w.e.f. 1.9.2007. Hence it is
manner prescribed in sec 197A) should be submitted to the applicable from the second quarter of the F.Y. 2007-08 and for all
deductor. subsequent quarters. As per this notification the following classes of
deductors are required to furnish quarterly statements in computer
• The deductor is also required to furnish the particulars of readable media(e-tds) where the deductor is
tax paid to the Central Government in the quarterly
statements. (a) An office of the Government
(b) A company
2.8.2 Filing of Return on Computer Readable (c) A person required to get its accounts audited u/s. 44AB in
Media: Section 206(2) permits the deductor to file the annual the immediately preceding financial year.
return of TDS on computer readable media including a floppy (d) Where the number of deductees record in quarterly
diskette, magnetic cartridge or CD ROM. However, the Finance statement for any quarter during the immediately preceding
Act 2003 has provided that w.e.f. 01.06.2003, a return in financial year is equal to or more than fifty.
computer readable media is to be filed only in accordance with
such scheme and subject to such conditions and manner, as may TAX DEDUCTION ACCOUNT NUMBER
be specified by the Board by notification in official gazette.
2.9 Introduction: T.A.N. or tax deduction account number is
As per proviso to section 206(2), w.e.f. 1.4.2005, the a unique number alloted to the deductor of tax at source for the
prescribed person in the case of every office of the purpose of identification of every deductor.
government and the principal officer in the case of every
company, responsible for deducting tax, is mandatorily 2.9.1 Who shall apply for TAN: Every person deducting
required to deliver such returns on the computer readable tax at source is required as per Section 203A to apply to the
media, within the prescribed time. assessing officer for allotment of TAN.
The scheme of electronic filing of return on the Tax The application has to be made in duplicate in form 49B within
Deducted at Source (e-TDS) has been notified vide notification one month from the end of the month in which tax was deducted
no. S.O. 974(e)dt. 26.08.03. Now the Government and the at source(Rule 114A). Such application has to be either furnished
Corporate deductors are required to file the TDS statements/ to the AO specifically assigned the function of allotment of TAN
returns in electronic form only with the e-TDS intermediary at by the CCIT/CIT or in any other case to the AO having
jurisdiction to assess the applicant.

17 18
2.9.2 Responsibility to quote TAN: Section 203A(2) CHAPTER-3
casts a statutory responsibility on the deductor to quote TAN in
the following places once it has been alloted :-
INCOME UNDER THE HEAD
(i) In all challans for the payment of any sum in accordance SALARIES
with the provisions of Section 200
3.1 Introduction: The statute enjoins every employer to
(ii) In all certificates issued pertaining to deduction of tax in
estimate the liability of tax deductible at source and to deduct tax
accordance with the provisions of Section 203
at an average rate. For this the employer is required to determine
(iii) In all Quarterly statements submitted in accordance with the salary payable to the employee and accordingly compute the
the provisions of sub section (3) of section 200 tax liability. The employer must estimate this tax liability at the
(iv) In all returns filed pertaining to deduction of tax at source very beginning of the financial year in accordance with the
in accordance with the provisions of Section 206. following sequence of steps:
(v) In all other documents pertaining to such transactions as (1) The employer should first compute the gross salary payable
may be prescribed in the interest of revenue. to the employee during the year taking into account any
salary received/receivable by the employee from any other
2.9.3 QUOTING OF PAN BY EMPLOYER/ employer/former employer.
DEDUCTOR - W.e.f. 1.6.2001 the deductor of tax at source
is required as per section 139A(5B) to quote the PAN of the (2) The gross salary is to be reduced by those payments which
person from whose income TDS has been done in ; are exempt from taxation.
(a) Statement furnished u/s 192(2C) (statement of particulars of (3) Deductions u/s 16 are to be reduced from the above amount
profit in lieu of salary) to arrive at the net salary payable.
(b) Certificate furnished u/s 203 (TDS Certificate) (4) Income chargeable under any other head as reported by the
(c) Annual return of TDS prepared & delivered u/s 206. employee is to be added and accordingly the gross total
income(GTI) is to be computed.
(d) Quarterly statements submitted in accordance with the
provisions of sub section (3) of section 200 (5) Deduction under Chapter VI-A for which the employee is
eligible is to be reduced from gross total income and thus
It is pertinent to note that for quarter ending 30.9.2007 and the total income is to be computed.
thereafter form No. 24Q with less than 90% of correct PAN
data will not be accepted and penal consequences under the I.T. (6) On the basis of the rates in force, the tax liability on the total
Act will follow(circular No. 8/2007 dt. 15/12/2007). Further this income of the employee is to be computed.
limit has been enhanced to 95% for and from the quarter ending
(7) The tax liability so computed is to be increased by the
31.3.2008.
surcharge payable and additional surcharge payable

19 20
 (education cess) at prescribed rate to arrive at the total tax other sources”. However the pension received by an
payable. employee from his former employer is taxable under the
head salaries.
(8) 1/12th of this total tax payable is to be deducted every
month by the employer. 3.3 Valuation of Perquisites: The taxable value of
perquisites in the hands of the employee is normally taken to be
3.2.1 What is “salary”- Salary is said to be the remuneration its cost to the employer. However, there are specific rules for
received by or accruing to an individual for service rendered as valuation of certain perquisites laid down in Rule 3 of the I.T.
a result of an express or implied contract. The statute, gives an Rules, which have been revised by CBDT notification dated
inclusive but not exhaustive definition of salary. As per sec. 25.9.2001. These are briefly given below. It may be noted that
17(1), salary includes therein (i) Wages (ii) Annuity or pension while the revised rule 3 relating to valuation of perquisites shall
(iii) Gratuity (iv) fees, commission, perquisites or profits in lieu of be deemed to have come into force on 1.4.2001.The employer
salary (v) Advance salary (vi) Receipt from provident fund may at the option of employee compute the value of all
(vii) Contribution of employer to a recongnised provident fund perquisites made available to him for the period from 1.4.2001 to
in excess of prescribed limit (viii) Leave encashment 30.9.2001, in accordance with the rule 3 as it stood before this
(ix) compensation as a result of variation of service contract etc. amendment. However this option of the tax payer of using old
3.2.2 Exceptions to salary income: The existence of an or new rules for the period specified above shall be applied
uniformly in respect of all perquisites in case of a particular tax
‘employer-employee’ relationship is a must for a payment to be
payer.
taxed under the head salaries. Accordingly, the following classes
of payments do not fall under the purview of the head ‘salary’ 3.3.1 Valuation of residential accommodation
(i) Salary received by a partner from his partnership provided by the employer:-
firm carrying on business - This income is taxable under
(a) Union or State Government Employees - The value of
the head “profits and gains of business and profession”.
perquisite is the license fee as determined by the Govt. as
(ii) Salary received by a person as MP or MLA- This reduced by the rent actually paid by the employee.
income is taxable under the head “income from other
(b) Non-Govt. Employees- The value of perquisite is an amount
sources”. However, the salary received by a person as a
equal to 15% of the salary (10% of salary in cities where
Minister of Central Government/State Government is
population as per 2001 census is exceeding 10 lakh but not
chargeable under the head salaries.
exceeding 25 lakh and 7.5% of salary in areas where
(iii) Family pension that is pension received by the population as per 2001 census is 10 lakh or below). In case
members of the family of an employee subsequent to the accommodation provided is not owned by the employer,
his death - This is taxable under the head “income from but is taken on lease or rent, then the value of the perquisite
would be the actual amount of lease rent paid/payable by the

21 22
 employer or 15% of salary, whichever is lower. In both of a) Nil, if the motor car is used by the employee wholly and
above cases, the value of the perquisite would be reduced by exclusively in the performance of his official duties.
the rent, if any, actually paid by the employee. b) Actual expenditure incurred by the employer on the
(c) Value of Furnished Accommodation - The value would running and mainenance of motor car, including
be the value of unfurnished accommodation as computed remuneration to chauffeur as increased by the amount
above increased by 10% per annum of the cost of furniture representing normal wear and tear of the motor car and
(including T.V./radio/refrigerator/AC/other gadgets). In case as reduced by any amount charged from the employee
such furniture is hired from a third party, the value of for such use (in case the motor car is exclusively for
unfurnished accommodation would be increased by the hire private or personal purposes of the employee or any
charges paid/payable by the employer. However, any member of his household).
payment recovered from the employee towards the above c) Rs. 1200- (plus Rs. 600-, if chauffeur is also provided)
would be reduced from this amount. per month (in case the motor car is used partly in
performance of duties and partly for private or personal
(d) Value of hotel accommodation provided by the
purposes of the employee or any member of his household
employer- The value of perquisite arising out of the above
if the expenses on maintenance and running of motor
would be 24% of salary or the actual charges paid or
car are met or reimbursed by the employer). However,
payable to the hotel, whichever is lower. The above would
the value of perquisite will be Rs. 1600- (plus Rs. 600-,
be reduced by any rent actually paid or payable by the
if chauffeur is also provided) per month if the cubic
employee. It may be noted that no perquisite would arise, if
capacity of engine of the motor car exceeds 1.6 litres.
the employee is provided such accommodation on transfer
from one place to another for a period of 15 days or less. d) Rs. 400- (plus Rs. 600-, if chauffeur is also provided)
per month (in case the motor car is used partly in
3.3.2 Provision of sweeper, gardener, watchman or performance of duties and partly for private or personal
personal attendant- The value of perquisite resulting from purposes of the employee or any member of his household
provision of a sweeper, a gardener, a watchman or a personal if the expenses on maintenance and running of motor
attendant shall be the actual cost to the employer as reduced by car for such private or personal use are fully met by the
the amount paid by the employee in respect of such services. employee). However, the value of perquisite will be Rs.
(Cost to the employer in respect of the above will be the salary 600- (plus Rs. 600-, if chauffeur is also provided) per
paid/payable) [Rule 3(3)]. month if the cubic capacity of engine of the motor car
exceeds 1.6 litres.
3.3.3 Perquisite of motor car provided by the If the motor car or any other automotive conveyance is owned
employer:- W.e.f. 1-4-2008, if an employer providing such by the employee but the actual running and maintenance charges
facility to his employee is not liable to pay fringe benefit tax, the are met or reimbursed by the employer, the method of valuation of
value of such perquisite shall be : perquisite value is different. (See Rule 3(2)).

23 24
3.3.4 Perquisite arising out of supply of gas, electric However, loans upto Rs. 20,000/-, loans for medical treatment
energy or water - This shall be determined as the amount paid specified in Rule 3A are exempt, provided the same are not
by the employer to the agency supplying the same. If the supply reimbursed under medical insurance.
is from the employer’s own resources, the value of the perquisite (b) Value of free meals - The perquisite value in respect of free
would be the manufacturing cost per unit incurred by the employer. food and non-alcoholic beverages provided by the employer,
Howere, any payment received from the employee towards the not liable to pay fringe benefit tax, to an employee shall be the
above would be reduced from the amount [Rule 3(4)]. expenditure incurred by the employer as reduced by the
amount paid or recovered from the employee for such benefit
3.3.5 Free/Concessional Educational Facility - Value
or amenity. However, no perquisite value will be taken if food
of the perquisite would be the expenditure incurred by the
and non-alcoholic beverages are provided during working
employer. If the educational institution is maintained & owned
hours and certain conditions specified under Rule 3(7)(iii) are
by the employer, the value would be nil if the value of the benefit
satisfied.
per child is below Rs. 1000/- P.M. or else the reasonable cost
of such education in a similar institution in or near the locality (c) Value of gift or voucher or token - The perquisite value in
[Rule 3(5)]. respect of any gift, or voucher, or token in lieu of which such
gift may be received by the employee or member of his
3.3.6 Free/Concessional journeys provided by an household from the employer, not liable to pay fringe benefit
undertaking engaged in carriage of passengers or tax, shall be the sum equal to the amount of such gift, voucher
goods - Value of perquisite would be the value at which such or token. However, no perquisite value will be taken if the
value of such gift, voucher or taken is below Rs. 5000- in the
amenity is offered to general public as reduced by any amount,
aggregate during the previous years.
if recovered from the employee. However, these provisions are
not applicable to the employees of an airline or the railways. (d) Credit card provided by the employer - The perquisite
value in respect of expenses incurred by the employee or any
3.3.7 Value of certain other benefits :- of his household members, which are charged to a credit card
provided by the employer, not liable to pay fringe benefit tax,
(a) Interest free/concessional loans - The value of the
which are paid or reimbursed by such employer to an employee
perquisite shall be the excess of interest payable at the
shall be taken to be such amount paid or reimbursed by the
prescribed interest rate over, interest, if any, actually paid by
employer. However, no perquisite value will be taken if the
the employee or any member of his household. The prescribed
expenses are incurred wholly and exclusively for official
interest rate would be the rate charged by State Bank of India
purposes and certain conditions mentioned in Rule 3(7)(v)
as on the 1st Day of the relevant Financial Year in respect of
are satisfied.
loans of the same type and for same purpose advanced by it
to general public. Perquisite is to be calculated on the basis (e) Club membership provided by the employer - The
of the maximum outstanding monthly balance method. perquisite value in respect of amount paid or reimbursed to

25 26
 an employee by an employer, not liable to pay fringe benefit case of computers and electronics items the normal
tax, against the expenses incurred in a club by such employee wear and tear is to be calculated @ 50% while in the
or any of his household members shall be taken to be such case of motor cars @ 20% by the reducing balance
amount incurred or reimbursed by the employer as reduced method.
by any amount paid or recovered from the employee on such
account. However, no perquisite value will be taken if the 3.3.8 The value of any other benefit or amenity provided by the
expenditure is incurred wholly any exclusively for business employer shall be determined on the basis of cost to the employer
purposes and certain conditions mentioned in Rule 3(7)(vi) under an arms’ length transaction as reduced by the employee’s
are satisfied. contribution.
(f) Use of Assets
(i) In case the employee is provided by the employer any
immovable asset (other than assets already specified in
Rule-3 and other than laptop and computers) then the
value of the benefit shall be 10% per annum of the
actual cost of such asset. In case asset is hired by the
employer and then given to the employee then the
value of the benefit shall be the rent or charge paid or
payable by the employer. However the amount paid by
the employee or recovered from him by the employer
(towards the cost of the asset or rent will be reduced
from this benefit).
(ii) Transfer of Immovable Asset
If employer transfers to the employee any immovable
asset belonging to the employer either directly or
indirectly to the employee or member of his household
then the value of benefit shall be the actual cost of
such asset to the employer. However an amount of
10% of such cost for each completed year of use of
asset by the employer shall be reduced as the cost of
normal wear and tear. Further the amount paid by or
recovered from the employee is a consideration
towards such transfer and shall also be reduced. In

27 28
 the family of an individual who has been in the service of
EXEMPTIONS FROM SALARY the Central Government or State Government and has been
INCOME awarded “Param Vir Chakra” or “Maha Vir Chakra” or
“Vir Chakra” or such other gallantry award as may be
3.4.1 Section 10 of the I.T. Act provides for certain categories specifically notified by the Central Government.
of payments to be exempt from taxation, either wholly or partly.
Such payments are not to be included under the head ‘salary’ for 3.4.2 Exemption of Allowances: There are various other
computing the tax deductible. Some of these are listed below and receipts besides the above given regularly in addition to salary for
are discussed in detail in Chapter-5 of this booklet. meeting specific requirements of the employee. These are
referred to as allowances, in common parlance and taxability of
i) Death cum retirement gratuity or any other gratuity:
some of these are discussed here.
Exempt to the extent specified u/s 10(10).
ii) Commutation of pension - Exempt to the extent as (i) Leave travel concession:- The value of any travel
provided in sec. 10(10A) concession or assistance received by or due to an employee
from his employer or former employer in connection with
iii) Leave encashment - Exempt to the extent provided in his proceeding (a) on leave to any place in India (b) to any
sec. 10(10AA). place in India on retirement or after termination of service.
The amount exempt as prescribed in Rule 2B is the amount
iv) Retrenchment Compensation - exempt to the extent
actually incurred on performance of travel in India by the
provided by section 10(10B).
shortest route to that place, subject to economy air fare or
v) Compensation on voluntary retirement - Exempt to the A.C. Ist class fare. This exemption is available only in
extent provided by sec 10(10C) respect of two journeys in a block of 4 calendar years.
vi) Payment from provident fund - Exempt to the extent (ii) House Rent allowance - House rent allowance granted to
provided in sec. 10(11) & sec 10(12). the employee is exempt u/s 10(13A) to the following extent;
vii) Payment from approved superannuation fund - Exempt Provided expenditure on rent is actually incurred, the
under section 10(13). amount of exemption granted is the least of
viii) Interest income & income on certain investments - (1) HRA received
As provided u/s 10(15).
(2) Rent paid Less 10% of salary
ix) Exemption of pension/family pension to awardees of
PVC, MVC and VC: Clause (18) of section 10 provides (3) 40% of salary, (50% in case of Mumbai, Chennai, Calcutta
for exemption of any income by way of pension received by & Delhi). Salary includes bonus + Dearness allowance,
an individual or family pension received by any member of where provided by terms of employment.

29 30
 It has to be noted that only the expenditure actually incurred (iii) Allowance granted to meet conveyance expense incurred
on payment of rent in respect of residential accommodation in performance of duty, provided no free conveyance is
occupied by the assessee subject to the limits laid down in rule provided.
2A, qualifies for exemption from income-tax. Thus, house rent
allowance granted to an employee who is residing in a house/flat (iv) Allowance granted to meet expenses incurred on a
owned by him is not exempt from income-tax. The disbursing helper engaged for performance of official duty.
authorities should satisfy themselves in this regard by insisting on (v) Academic, research or training allowance granted in
production of evidence of actual payment of rent before educational or research institutions.
excluding the house rent allowance or any portion thereof from
the total income of the employee. Though incurring actual (vi) Uniform purchase or maintenance allowance.
expenditure on payment of rent is a prerequisite for claiming
(vii) Other allowances as prescribed in Rule 2BB(2) for the
deduction under section 10(13A), it has been decided as an
purpose of Section 10(14)(ii).
administrative measure that salaried employees drawing house
rent allowance upto Rs. 3,000 per month will be exempted from 3.4.3 Perquisites exempt from Income Tax : Some
production of rent receipt. It may, however, be noted that this instances of perquisites exempt from tax are given below :
concession is only for the purpose of tax deduction at source,
and, in the regular assessment of the employee, the Assessing I) Provision of medical facilities (proviso to Sec. 17(2): Value
Officer will be free to make such inquiry as he deems fit for the of medical treatment in any hospital maintained by the
purpose of satisfying himself that the employee has incurred Government or any local authority or by the employer or
actual expenditure on payment of rent. approved by the Government or in respect of certain
prescribed diseases or ailments approved by the Chief
(iii) Allowances exempt u/s 10(14):- Certain allowances Commissioner of Income Tax. Besides, any sum paid by the
given by the employer to the employee are exempt u/s employer towards medical reimbursement other than as
10(14). W.e.f. 1-7-1995, all these exempt allowance are discussed above is exempt upto Rs. 15,000/-.
detailed in Rule 2BB of Income Tax Rules and are briefly
given below: II) Perquisites allowed outside India by the Government to a
citizen of India for rendering services outside India (Sec.
(i) Allowance granted to meet cost of travel on tour or 10(7)).
transfer.
III) Rent free official residence provided to a Judge of High
(ii) Allowance granted on tour or journey in connection Court of Supreme Court or an Officer of Parliament, Union
with transfer to meet the daily charges incurred by the Minister or Leader of Opposition.
employee.
IV) No perquisite shall arise if interest free/concessional loans
are made available for medical treatment of specified

31 32
 diseases in Rule 3A or where the loan is petty not CHAPTER-4
exceeding in the aggregate Rs. 20,000/-.
INCOME OTHER THAN
V) No perquisite shall arise in relation to expenses on
telephones including a mobile phone incurred on behalf of ‘SALARIES’
the employee by the employer.
4.1 Introduction: An employee may be in receipt of other
3.5 Deductions from Salary Income: The deductions are income chargeable to tax such as interest income, capital gains,
allowable from the salary income as specified in Section 16 of income from house property, etc. In such a case, sub-section 2B
the IT Act and are being given below: of Section 192 enables the employee to furnish a statement of
such income and any TDS thereon to the employer/drawing &
3.5.1 Standard Deduction: It is to be noted that no standard disbursing officer. This should be furnished in the prescribed
deduction is available from the salary income w.e.f. Form-12C(read with Rule 26B). However w.e.f.1.10.2003 form
01.04.2006 i.e. A.Y.-2006-07 (relevant to F.Y.-2005-06) 12C has been omitted and the particulars of loss may be
onwards. furnished in a simple statement which is properly verified by the
tax payer in the same manner as in form 12C.
3.5.2 Professional/employment tax: As levied by the State
Government and paid. The particulars of income furnished should not be loss
under any such head, other than loss under the head “Income
3.5.3 Entertainment allowance: With effect from AY 2002-03,
from House Property”, for the same financial year. The person
this deduction is admissible only to government employees to the
responsible for making payments shall take such income and the
extent of Rs.5,000 or 20% of salary whichever is less.
loss, if any, under the head income from house property into
account for the purpose of computing tax deductible u/s 192. It
is further provided that except in a case where loss under the
head income from house property has been taken into account,
this sub-section shall not in any other case have the effect of
reducing the tax deductible from income under the head salaries
below the amount which would have been deductible if the other
income and tax deductible thereon had not been taken into
account.

4.2 Loss from House Property

The D.D.O. can take into account any loss from a
house property only for working out the amount of total tax
to be deducted. While taking into account this loss the D.D.O.

33 34
shall ensure that the assessee files a proper statement with the CHAPTER-5
computation of such loss.
TDS ON PENSION AND
4.3 Computation of loss from House Property
RETIREMENT BENEFITS
A loss is determinable under the head ‘house property’ only
in a case where such loss is arising on account of payment of 5.1 What is Pension? Pension is described in Section 60 of
interest on borrowed capital, which has been used for acquiring, the CPC and Section 11 of the Pension Act as a periodical
constructing, repairing or renewing or reconstructing the house allowance or stipend granted on account of past service,
property. In case of a let out property the entire amount of such particular merits, etc. It involves three essential features. Firstly,
interest is allowable as a deduction from the annual value of pension is a compensation for the past service, secondly, it owes
house property. However, in the case of a self occupied property its relationship to a past employer-employee relationship or
or a property unoccupied by owner for reasons of employment, master servant relationship. Lastly, it is paid on the basis of
business/profession at another place, such deduction is limited to earlier relationship of agreement of service as opposed to an
Rs.30,000/-. Where the property, however, has been acquired or agreement for service.
constructed with capital borrowed, on or after the 1st day of
April 1999 and such acquisition or construction is completed Pension received from a former employer is taxable as
before the 1st day of April 2003, then the amount of deduction salary. As such the relevant provisions of TDS as specified in
allowable is upto Rs. one lakh fifty thousand. The Finance Act, Section 192 and other relevant provisions are also applicable to
2002 has provided that w.e.f. 01.04.2003, this higher deduction of pension income and tax is deductible on the same as it is in the
Rs.1,50,000/- on account of interest will be available if such loan case of payment of salary.
has been taken after 01.04.99 and the construction or acquisition
of the residential unit has been completed within 3 years from the 5.1.2 TDS on payment of pension through
end of the financial year in which capital was borrowed. Now Nationalised Banks: It has been clarified by CBDT vide
the assessee is also required to furnish a certificate from the circular NO. 761 dt. 13/01/98 that in the case of pensioners
person to whom such interest is payable, specifying the amount receiving pension through nationalized banks, provisions of TDS
of interest payable for the purpose of such acquisition or are applicable in the same manner as they apply to the salary
construction of property, or conversion of whole or any part of income.
the capital borrowed which remains to be repaid as a new loan.
From the income being paid as pension the banks are
Further the interest on borrowed capital corresponding required to allow deductions under chapter VIA.
to the period prior to the previous year in which property
has been acquired or constructed is also allowed as Similarly relief u/s 89 for the arrears of pension received is
deduction in five equal installments, in the year of also to be granted by the banks. Instructions in this regard have
completion and four immediately succeeding years. been issued by Reserve Bank of India vide R.B.I’S pension

35 36
circular (Central Series) No.7/CDR/1992 (Ref No. PGBA. a) For every completed year of service or part thereof,
GA:(NBS) No. 60 / GAG4(11CVL)-91/92) DT. 27/4/92. gratuity shall be exempt to the extent of fifteen days
wages based on the rate of wages last drawn by the
5.1.3 Issue of TDS certificate to pensioners: All concerned employee.
branches of all banks are bound u/s 203 to issue certificate of tax
deducted in Form No.16 to the pensioners. This has also been b) The amount of gratuity as calculated above shall not
clarified vide CBDT circular No. 761 dt. 13/1/98. exceed Rs. 3,50,000.

5.2.1 TDS on Retirement Benefits (iv) In case of any other employee, gratuity shall be exempt
subject to the following exemptions:-
Retirement benefits receivable by an employee are taxable
under the head ‘salaries’ as “profits in lieu of salaries” as a) Exemption shall be limited to half month salary (based on
provided in section 17(3). As such they attract the provisions of last 10 months average) for each completed year of
TDS as prescribed in section 192 and other relevant sections. service or Rs. 3.5 lakhs whichever is less.
Accordingly, the employer must take them into account and b) Where the gratuity was received in any one or more
compute the TDS at the time of retirement of an employee. earlier previous years also and any exemption was
However some of these retirement benefits are exempt from allowed for the same then the exemption to be allowed
taxation u/s 10 either fully or partly. The details of these during the year gets reduced to the extent of exemption
exemptions are being given below. The remaining retirement already allowed, the over all limit being Rs. 3.5 lakhs.
benefits are includible under the head salaries as described
earlier and tax is deductible as provided in the preceding As per Board’s letter F.No. 194/6/73-IT(A-1) Dated
chapters. 19.06.73 exemption in respect of gratuity is permissible even in
cases of termination of employment due to resignation. The
5.2.2 GRATUITY (Sec 10(10) taxable portion of gratuity will qualify for relief u/s 89(1).
(i) Any death cum retirement gratuity received by central and Gratuity payment to a widow or other legal heirs of any
state govt. employees, defence employees and employees in employee who dies in active service shall be exempt from
local authority shall be exempt. income tax (Circular No. 573 dated 21.08.90).
(ii) Any gratuity received by persons covered under the 5.2.3 Commutation of Pension [Sec 10(10A)] In case
Payment of Gratuity Act, 1972 shall be exempt subject to of employees of central & state government, local authority,
amount calculated as per sub section (2) & (3) of section defence services and corporations established under Central or
(4) of that Act. State Acts, the entire commuted value of pension is exempt.
(iii) Any other gratuity shall be subject to following limit:-

37 38
 In case of any other employee, if the employee receives 5.2.5 Retrenchment Compensation[Sec. 10(10B)]
gratuity, the commuted value of 1/3 of the pension is exempt, Retrenchment compensation received by a workman under the
otherwise, the commuted value of ½ of the pension is exempt. industrial Disputes Act, 1947 or any other Act or Rules is exempt
subject to following limits :-
Judges of S.C. & H.C. shall be entitled to exemption of
commuted value upto 1/2 of the pension (Circular No. 623 dt. (i) The sum calculated on the basis provided in section 25 F(b)
6.1.1992) of the above Act.
5.2.4 Leave Encashment [Sec 10(10AA)] Leave (ii) The above is further subject to an overall limit of
Encashment during service is fully taxable in all cases. Relief Rs. 5,00,000.
u/s 89 if applicable may be claimed for the same.
The limits are not applicable where it is paid under a
(ii) Payment by way of leave encashment received by Central scheme of Central Government for extending special protection
& State Govt. employees at the time of retirement in to the workmen.
respect of the period of earned leave at credit is fully
exempt. Vide notification no. 10749 dated 27.11.1998, limit 5.2.6 Compensation on Voluntary Retirement or
on the maximum amount receivable by employees of “GOLDEN HANDSHAKE”
Central Govt. has been specified at Rs. 2.4 lakhs for
employees retiring whether on superannuation or otherwise (i) Payment received by an employee, of the following at the
after 1.7.1997. time of voluntary retirement, or termination of service is
exempt to the extent of Rs. 5 lakh.
(iii) In case of other employees, the exemption is to be limited
to a maximum of 10 months of leave encashment, based on a) Public sector company
last 10 months average salary. This is further subject to a b) Any other company
limit of Rs. 2,40,000 for retirement after 1.7.97.
c) Authority established under State, Central or Provincial
(iv) Leave salary paid to legal heirs of the deceased employee Act
in respect of privilege leave standing to the credit of such d) Local authority
employee at the time of death is not taxable.
e) Cooperative societies, Universities, IITs and Notified
For the purpose of Section 10(10AA), the term Institutes of Management.
'superannuation or otherwise’ covers resignation (CIT Vs R.J.
f) Any state government or the Central Government.
Shahney 159 ITR 160 (Madras)).
(ii) The Voluntary Retirement Scheme under which the payment
is being made must be framed in accordance with the
guidelines prescribed in Rule 2BA of Income Tax Rules.

39 40
(iii) Where exemption has been allowed under above section for CHAPTER-6
any assessment year, no exemption shall be allowed in
relation to any other assessment year. DEDUCTIONS UNDER
5.2.7 Payment from Provident Fund: Any payment
CHAPTER VI-A
received from a Statutory Provident fund, (i.e., to which the 6.1 Introduction : The Income Tax Act provides for
Provident Fund Act, 1925 applies) is exempt. Any payment from
allowability of certain deductions from the gross total income of
any other provident fund notified by the Central Government is
the assessee. These deductions are given in Chapter VIA of the
also exempt. The Public Provident fund(PPF) established under
Income Tax Act. For the purpose of TDS, the employer/DDO
the PPF Scheme,1968 has been notified for this purpose. Besides
may allow some of these deductions to the employee on
the above, the accumulated balance due and becoming payable
furnishing of the required particulars. The deductions allowable
to an employee participating in a Recognised Provident Fund is
by the DDO/employer are being described below:
also exempt to the extent provided in Rule 8 of Part A of the
Fourth Schedule of the Income tax Act. As per Finance Act,2005, Sec. 80C has been reintroduced
w.e.f.-01.04.2006. As per this Section the following investments/
5.2.8 Payment from approved Superannuation Fund: payments are inter alia eligible for deduction.
Payment from an approved superannuation fund will be exempt
provided the payment is made in the circumstances specified in NATURE OF INVESTMENT REMARKS
the section viz., death, retirement and incapacitation.
Life Insurance Premium For individual, policy must be in
5.2.9 Deposit scheme for retired Govt./Public Sector self or spouse’s or any child’s
name. For HUF, it may be on life
Company employees: Section 10(15) of the Income Tax
of any member of HUF.
Act incorporates a number of investments, the interest income
from which is totally exempt from taxation. These investments Sum paid under contract for For individual, on life of self,
may be considered as one of the options for investing various deferred annuity spouse or any child
benefits received on retirement. One among them, notified u/s
10(15)(iv)(i), is the ‘Deposit scheme for retired govt./public Sum deducted from salary payable Payment limited to 20% of salary.
sector company employees’. W.e.f. assessment year 1990-91, to Govt. Servant for securing
the interest on deposits made under this scheme by an employee deferred annuity for self, spouse
of Central/State Govt. out of the various retirement benefits or child
received is exempt from income tax. This exemption was
Contribution made under —
subsequently extended to employees of public sector companies
Employee’s Provident Fund
from assessment year 1991-92 vide notification No. 2/19/89-NS-
Scheme to which Provident Funds
II dated 12.12.1990. Act 1925 (19 of 1925 applies)

41 42
Contribution to PPF For individual, can be in the name Contribution to notified annuity If in respect of such contribution,
of self/spouse, any child & for Plan of LIC(e.g. Jeevan Dhara) or deduction u/s 80CCC has been
HUF, it can be in the name of any Units of UTI/notified Mutual availed of rebate u/s 88 would not
member of the family. Fund. be allowable.

Contribution by employee to a — Subscription to units of a Mutual —

Recognised Provident Fund. Fund notified u/s 10(23D)

Sum deposited in 10 year/15year — Subscription to deposit scheme —

account of Post Office Saving of a public sector company
Bank engaged in providing housing
finance.
Subscription to any notified e.g. NSS
securities/notified deposits Subscription to equity shares/ —
scheme. debentures forming part of any
approved eligible issue of capital
Subscription to any notified e.g. NSC VIII issue. made by a public company or
savings certificate, Unit Linked public financial institutions.
Savings certificates.
Tuition fees paid at the time of Available in respect of any two
Contribution to Unit Linked e.g. Dhanrakhsa 1989 admission or otherwise to any children. Any payment towards
Insurance Plan of LIC Mutual school, college, university or other any development fees or donation
Fund educational institution situated or payment of similar nature will
within India for the purpose of not be eligible.
Contribution to notified deposit — full time education of any two
scheme/Pension fund set up by children.
the National Housing Bank.
Term fixed deposit in State Bank The term of the deposit should
Certain payments made by way of Condition has been laid that in of India, its subsidiary bank, not be less than five years and
instalment or part payment of case the property is transferred corresponding new bank should be in accordance with a
loan taken for purchase/ before the expiry of 5 years from (constituted u/s 3 of Banking scheme framed and notified by
construction of residential house the end of the financial year in Companies Act, 1970) or any other the Central Government
property. which possession of such property Bank included in Second schedule (Notification S.O. No. 1220(E),
is obtained by him, the aggregate to RBI Act, 1934. dated 28-7-2006).
amount of deduction of income so
allowed for various years shall be
liable to tax in that year.

43 44
Subscription to Bonds issued by Applicable w.e.f. 1.4.08 from A.Y. 80D Payment of medical The premium is to be paid
NABARD as notified by Central 2008-09. insurance premium. by any mode of payment
Government. Deduction is available upto other than cash and the
Rs. 15,000/- for self/family insurance scheme should be
Payment made into account under This has been introduced by and also upto to Rs. 15,000/ framed by the General
the Senior Citizens Savings Finance Act 2008 and shall come - for insurance in respect of Insurance Corporation of
Scheme Rules, 2004. into effect from 1.4.2009. parent/parents of the India and approved by the
assessee. Central Government or
Payment made as five year time This has been introduced by Scheme framed by any other
deposit in an account under the Finance Act, 2008 and shall come insurer and approved by the
Post Office time Deposit Rules, into effect from 1.4.2009. Insurance Regulatory and
1981. Development Authority.
The premium should be paid
in respect of health insurance
The other allowable deductions are briefly described below :- of the assessee or his family
members. The Finance Act
SECTION NATURE OF DEDUCTION REMARKS 2008 has also provided
deduction upto Rs, 15,000/-
80CCC Payment of premia for The premium must be in respect of health insurance
annuity plan of LIC or any deposited to keep in force a premium paid by the
other insurer. Deduction is contract for an annuity plan assessee towards his parent/
available upto a maximum of of the LIC or any other parents.
Rs.10,000/- insurer for receiving pension
from the fund. 80DD The handicapped dependant
Deduction of Rs. 40,000 in
respect of should be a dependant
80CCD Deposit made by a Central Where the Central relative suffering a
a) expenditure incurred on
government servant in his Government makes any permanent disability
medical treatment, (including
pension account to the contribution to the pension (including blindness)or
nursing), training and
extent of 10% of his salary. account, deduction of such mentally retarded, as certified
rehabilitation of a
contribution to the extent of by a specified physician or
handicapped dependant
10% of salary shall be psychiatrist.
relative.
allowed. Further, in any year
b) Payment or deposit to
where any amount is
specified scheme for
received from the pension
maintenance of dependant
account such amount shall
handicapped relative.
be charged to tax as income
W.e.f. 01.04.2004 deduction
of that previous year.
under this Section has been

45 46
 enhanced to Rs.50,000/-. Note : A person with severe for pursuing higher
Further if the dependent is a disability means a person education by self but also
person with severe disability with 80% or more of one or by spouse or children of the
a deduction of Rs.75,000/- more disabilities as outlined assessee.
shall be available under this in Section 56(4) of the 80G Donations to certain funds,
Section. Persons with Disabilities charitable institutions etc. The various donations
(Equal Opportunities specified in Sec.80G are
Protection of Rights and Full eligible for deduction upto
Participation) Act. either 100% or 50% with or
without restriction as
80DDB Deduction of Rs. 40,000 in Expenditure must be actually provided in Sec 80G.
respect of medical incurred by resident 80GG Deduction available is the
expenditure incurred. W.e.f. assessee on himself or least of :- 1) Assessee or his
01.04.2004 deduction under dependant relative for spouse or minor child
this section shall be available medical treatment of (i) Rent paid less 10% of should not own residential
to the extent of Rs. 40,000/- specified disease or ailment. total income accommodation at the place
or the amount actually paid, The diseases have been (ii) Rs.2000 per month of employment
whichever is less. Further, specified in Rule 11DD. A (iii) 25% of total income 2) He should not be in
where the expenditure is paid certificate in form 10I is to receipt of house rent
in respect of assessee or be furnished by the assessee allowance.
dependent who is a senior from a specialist working in 3) He should not have a
citizen a deduction of a Govt. hospital. self-occupied residential
Rs. 60,000/- or the amount premises in any other place.
actually paid, which ever is
less, will be available. 80U Deduction of Rs. 50,000/- to Certificate should be
an individual who suffers obtained from a Govt.
80E Deduction in respect of This provision has been from a physical disability Doctor. The relevant rule is
payment in the previous year introduced to provide relief (including blindness) or Rule 11D.
of interest on loan taken to students taking loans for mental retardation. Further
from a financial institution higher studies. The payment in case of individuals with
or approved charitable of the interest thereon will severe disability a deduction
institution for higher be allowed as deduction of Rs.75,000/- is permissible.
education of self or higher over a period of upto 8
education of a relative. years. Further, by Finance
Act, 2008 deduction under
this section shall be available
not only in respect of loan

47 48
 It should be noted that the aggregate amount of (7) The State Blood Transfusion Council,
deduction u/s 80C, 80CCCand 80CCD should not in any
(8) The Army Central Welfare Fund,
case exceed one Lakh rupees.
(9) The Indian Naval Benevolent Fund,
In respect of Section 80G, no deduction should be allowed
by the employer/DDO, from the salary income in respect of any (10) The Air Force Central Welfare Fund,
donations made for charitable purposes. The tax relief on such
donations as admissible u/s 80G will have to be claimed by the (11) The Andhra Pradesh Chief Minister;s Cyclone Relief
taxpayer in the return of income. However, DDOs, on due Fund, 1996,
verification, may allow donations to the following bodies to the
(12) The National Illness Assistance Fund,
extent of 50% of the contribution:
(13) The Chief Minister’s Relief Fund or Lieutenant
a. The Jawaharlal Nehru Memorial Fund,
Governor’s Relief Fund, in respect of any State or
b. The Prime Minister’s Drought Relief Fund, Union Territory, as the case may be, subject to certain
conditions,
c. The National Children’s Fund,
(14) The University or educational institution of national
d. The Indira Gandhi Memorial Trust, eminence approved by the prescribed authority,
e. The Rajiv Gandhi Foundation, and to the following bodies (15) The National Sports Fund to be set up by the Central
to the extent of 100% of the contribution: Government,
(1) The National Defence Fund or the Prime Minister’s (16) The National Cultural Fund set up by the Central
National Relief Fund, Government,
(2) The Prime Minister’s Armenia Earthquake Relief (17) The Fund for Technology Development and Application
Fund, set up by the Central Government
(3) The Africa (Public Contributions-India) Fund, (18) The national trust for welfare of persons with autism,
cerebral palsy, mental retardation and multiple
(4) The National Foundation for Communal Harmony,
disabilities.
(5) The Chief Minister’s Earthquake Relief Fund,
Maharashtra,
(6) The National Blood Transfusion Council,

49 50
 CHAPTER-7 with Rule 21 AA) which should be duly verified by him. Thereupon
the DDO/Person responsible for making payment is required to
RELIEF FOR INCOME TAX compute the relief u/s 89 on the basis of such particulars and take
into account this relief while making tax deduction u/s 192. In case
7.1 Introduction: The total income of an assessee is determined of an employee of category other than that stated above, such relief
after deductions from the gross total income are made as discussed can only be allowed by the Assessing Officer.
in the previous chapter. It is on this total income that the tax payable
is computed at the rates in force. The Income Tax Act further
provides for relief from the tax payable as computed above in
accordance with the provisions of section 89. Relief provided u/s
89 of the Act must be distinguished from deductions provided in
Chapter VIA of the Act. While the latter reduce the gross total
income, relief is a reduction from the tax payable.

RELIEF UNDER SECTION 89

7.2 Relief u/s 89 is available to an employee when he receives
salary in advance or in arrear or when in one financial year, he
receives salary of more than 12 months, or receives ‘profit in lieu
of salary’ covered u/s 17(3). Relief u/s 89 is also admissible on
family pension, as the same has been allowed by Finance Act, 2002
(with retrospective effect from 1/4/96).
7.3 W.e.f. 1.6.89, such relief can be granted at the time of TDS by
employers in the following conditions:
(1) If the employee is a Government Servant.
(2) He is employee in a (a) PSU, (b) Company, (c) Cooperative
Society, (d) Local Authority, (e) 1University, (f) Institution or
Body.
The employee may furnish to the DDO or the person
responsible for making payment such particulars in Form 10E (read
1
University means a university established or incorporated by or under state
central or provincial act and includes an institution declared u/s 3 of the U.G.C.Act
1956.

51 52
 CHAPTER-8 (ii) The amount of tax in respect of which interest is to be calculated
is to be rounded off to nearest multiple of Rs. 100 ignoring any
PENALTIES AND PROSECUTION fraction of Rs. 100.
The various provisions of TDS as discussed in the preceding b) Penalty u/s 221- The assessee in default is liable to imposition
chapters are statutorily required to be strictly complied with. Any of penalty where the assessing officer is satisfied that the defaulter
default in compliance can attract, levy of interest, penalty and in has failed to deduct tax as required without good and sufficient
certain cases initiation of prosecution proceedings. In this chapter reason. The quantum of penalty is not to exceed the amount of tax
a brief discussion of the possible defaults and the consequential in arrear.
proceedings is being done.
8.1 Failure to deduct tax - Where the employer has failed to c) Penalty u/s 271C- A penalty equivalent to the amount of tax
the deductor has failed to deduct, is leviable u/s 271C. Such penalty
deduct tax or when short deduction of tax has been done, following
is however only leviable by a Joint Commissioner of Income Tax.
statutory provisions are attracted:-
a) Charging of interest u/s 201(1A) - The deductor is 8.2 Failure to deposit tax in govt. account after
treated to be ‘assessee in default’ in respect of the short deduction/ deduction: Where the employee has deducted the tax at source
non deduction of tax. Under Section 201(1A) he is liable to pay but failed to deposit wholly or partly, the tax so deducted in
simple interest @ 12% per annum on the amount of tax in arrear government account, the following statutory provisions are attracted:-
from the date on which such tax was deductible to the date on
which such tax is actually paid, to the credit of Central Govt. Further a) Interest u/s 201(1A)- The deductor is treated as an
w.e.f. 1.6.2006 such interest shall be paid before furnishing the assessee in default and interest u/s 201(1A) @12% as
quarterly statement of each quarter. explained above is leviable. Further, the tax along with the
simple interest u/s 201(1A) becomes a charge upon all the
As per Finance Act 2007 w.e.f. 1.4.2008 interest is to be assets of the deductor.
charged at the rate of one percent for every month or a part of the
month. Charging of interest u/s201(1A) is mandatory and there is b) Penalty u/s 221- Penalty to the extent of tax not deposited
no provision for its waiver. is leviable by the A.O. as discussed earlier.
Procedure for interest calculation : The calculation of c) Prosecution proceedings u/s 276 B- Where the
interest is to be done as per Rule 119A and is summarized below:
deductor has failed to deposit tax deducted at source, in govt.
(i) The period for which such interest is to be calculated is to a/c without a reasonable cause then he is punishable with
be taken in months. Any fraction of a month is to be taken rigorous imprisonment for a term which shall not be less than
as a full month. 3 months but which may extend to 7 years and with fine.

53 54
8.3 Failure to apply for T.A.N or to quote T.A.N. (b) does not pay,
(c) or after so deducting fails to pay the whole or any part of the
Where a person who is responsible to deduct tax at source tax, then such person shall be deemed to be an assessee in
has failed, without reasonable cause:- default. Further penalty to be charged u/s. 221 shall not be
a) To apply for T.A.N. within prescribed period or levied by the assessing officer unless he is satisfied that such
b) After allotment, failed to quote such TAN in challans for failure to deduct and pay tax was without good and sufficient
payment of tax or TDS certificate or returns of TDS (as reasons.
required u/s 206) - then a penalty u/s 272BB of a sum of
Rs.10,000 may be imposed by the assessing officer.
8.4 Failure to furnish TDS certificate or returns/
statement of tax deduction at source- Where the employer
has failed to issue TDS certificate (form 16) within one month of
the end of financial year or has failed to furnish the quarterly
statement of tax in form 24Q, within the time prescribed u/s 200(3)
(rule 31A), then a penalty of Rs. 100 is leviable for each day during
the period for which default continues. The quantum of penalty is
not to exceed the tax deductible and it is to be levied only by a Joint
Commissioner or Joint Director after giving the assessee an
opportunity of being heard.
8.5 Prosecution u/s 277- Where a person, who is required to
make a statement in verification in return furnished u/s 206 (Annual
return of TDS) or quarterly statements u/s 200(3) makes a false
statement in verification or, delivers an account or statement which
is false and which the person knows or believes to be false or does
not believe to be true, then he is punishable with rigorous
imprisonment for a term which shall not be less than 3 months but
which may extend to 7 years along with fine.
8.6 The Finance Act, 2008 has introduced amendment in section
201 (w.e.f. 1.6.2002) which clarifies, that in case any employer, or
any principal officer of a company;
(a) does not deduct,or

55 56
 CHAPTER-9 or for employment outside India or for
Indian citizens or persons of Indian
TDS ON SALARY PAYMENTS origin who being outside India, come to
TO NON RESIDENTS & visit India in any previous year.
Non-Resident A person who is not a resident in terms
EXPATRIATES of the above provisions is a non-
resident.
9.1 As per Section 192 of the IT Act, any person responsible for
paying any amount under the head salaries is required to deduct tax Resident but not A person who is otherwise resident
at source at the time of payment. This section unlike some other ordinarily resident as defined above would be RNOR if he
provisions, does not distinguish between payment of salary, to a satisfies any of the following two
resident, non resident or expatriate. Thus all payments which are conditions :-
taxable under the head salaries, are also covered by the provisions i) He has not been resident in India in
of TDS, irrespective of the residential status of the recipient. 9 out of 10 preceding previous years.
However, the residential status of an individual is pertinent in ii) He has not be in India for an
determining whether the receipt itself is taxable in India or not. aggregate period of 730 days or more
The various categories of residential status and statutory provisions in the preceding 7 previous years.
pertaining to taxability of income in India in each case are being
discussed below: The Finance Act 2003 has redefined the status RNOR,
which is now as follows “An individual shall be said to be
Residential Status: Section 6 of the Indian Income Tax Statute RNOR if he has been a non resident in 9 out of 10 previous
specifies 3 categories, as far as residential status is concerned. years preceding that year or has during the 7 years preceding
that year been in India for a period 729 days or less”.
Resident An individual is said to be resident in
India in any previous year if he is in Scope of Taxation :
India for at least 182 days in that year
or during that year he is in India for a Residential Status Taxability of Income
period of at least 60 days and has been Resident All income of the previous year
in India for at least 365 days during the wherever accruing or arising or received
4 years preceding that year. However, by him including incomes deemed to
the period of 60 days referred to above have accrued or arisen.
is increased to 182 days in case of Non-Resident All income accruing, arising, received
Indian citizens who leave India as or deemed to have accrued or arisen or
members of the crew of an Indian Ship received in India.

57 58
RNOR All income received, accruing or arising conversion to be applied is the telegraphic transfer buying rate on
or deemed to have accrued or arisen or the last day of month immediately preceding the month in which
received in India. Moreover, all income salary is due or is paid (Rule 115).
earned outside India will also be included
if the same is derived from a business 9.4 Refund of tax where the employee has left India:
or profession controlled or set up in Where at the time of assessment any refund has become due to a
India. non resident, who was deputed to work in India and has left India
without any bank account and his taxes were borne by the employer,
9.2 Expatriates Working in India: In case of a foreign then such a refund can be issued to the employer, as taxes were
expatriate working in India, the remuneration received by him, being paid by it. ( circular no. 707 dt. 11.7.95)
assessable under the head ‘Salaries’, is deemed to be earned in
India if it is payable to him for services rendered in India as provided
in Section 9(1)(ii) of the Income Tax Act. The explanation to the
aforesaid law clarifies that income in the nature of salaries payable
for services rendered in India shall be regarded as income earned
in India. Further, from assessment year 2000-01 on-wards, income
payable for the leave period which is preceded and succeeded by
services rendered in India and forms part of the service contract
shall also be regarded as income earned in India.
Thus, irrespective of the residential status of the expatriate
employee, the amount received by him as salary, for services
rendered in India shall be liable to tax in India being income accruing
or arising in India, and also be subject to TDS regardless of the
place where the salary is actually received.

9.3 TDS in case of payment of salary in foreign

currency: Where salary is payable in foreign currency, the amount
of tax deducted is to be calculated after converting the salary payable
into Indian currency at the telegraphic transfer buying rate as adopted
by State Bank of India on the date of deduction of tax(Rule 26)
read with Section 192(6).
It may be noted that this rule is applicable only for determination
of TDS. However, in computing the salary income, the rate of

59 60
 CHAPTER-10 10.3 e-Administrator, e-Intermediary, TIN
e-TDS & QUARTERLY Facilitation Centres
STATEMENTS OF TDS For the purpose of administering the scheme of e-TDS, the
Central Board of Direct Taxes has appointed Director-General of
10.1 Introduction : Income-tax (Systems) as the e-Filing Administrator. The e-TDS
return is mandatorily to be prepared in data format issued by the
e-TDS implies, filing of the TDS return in electronic media as e- Administrator.
per prescribed data structure in either a floppy or a CD ROM.
The e-Returns are to be submitted at Centres referred as
The aforesaid requirement is essentially a part of the process TIN Facilitation Centres (or TIN FCs) which have been opened
of automation of collection, compilation and processing of TDS by National Security Depository Ltd. (NSDL) which has also been
returns. Preparation of returns in electronic forms or e-TDS will designated as e-Intermediary.
eventually be beneficial to the deductor, by cutting down the return
preparation time, reducing the volume of documentation and thereby 10.4 Data Structure of e-TDS, Procedure for filing
economizing the compliance cost. At the same time, it will also
The e-TDS return has to be prepared in the data format issued
facilitate the Government in better co-relation of taxes deducted
by the e-Filing Administrator. This format/software is available on
with the taxes finally deposited in the banks and credits of TDS
the website of the Income-tax Department at http:\\
claimed by the deductees.
www.incometaxindia.gov.in and that of NSDL at http:\\ www.tin-
10.2 Statutory Requirement of Preparation of e-TDS nsdl.com.

As per proviso to section 206(2), w.e.f. 01/04/2005, a specified There is also a validation software which is available along
deductor is required to prepare the return of TDS in electronic with the data structure. This is required to be used to validate the
form. The comprehensive scheme of e-TDS has been notified data structure of the e-TDS return prepared. Each e-TDS return
vide Notification No. S.O. 974 (E) dated 26/08/2003. The filed should also be accompanied by a control chart which should
present statutory provisions mandate the Government and be in the newly prescribed form 27 A. The same has to be duly
Corporate deductors to file the TDS returns in electronic signed by the deductor and submitted alongwith e-TDS to the e-
form with the designated e-TDS Intermediary at any of the Intermediary. The following specific points must also be noted in
TIN facilitation centres. However, for the other deductors filing filing of e-TDS returns.
of e-TDS is optional. (a) Reformatted TAN : All deductors required to e-File TDS
returns have to quote their reformatted Tax Deduction Account
Number (TAN) in their respective TDS returns. Wherever,
reformatted TANs have not been allotted, application in form
49 B should be filed with NSDL for obtaining the same.

61 62
(b) Each e-TDS return file should be in a separate CD or floppy • Each e-TDS return is furnished in a separate CD/floppy
and should not span across multiple floppies. Further, label alongwith duly filled and signed Form 27A in physical form.
must be affixed on each CD/floppy mentioning the name of
the deductor, his stamp, form number and the period to which • Separate Form 27A in physical form is furnished for each e-
the return pertains. TDS return.

(c) There should not be any overwriting, striking on form 27 A • Form 27A is duly filled and signed by an authorized signatory.
and if there is, then the same should be ratified by the • Striking and overwriting, if any, on Form 27A are ratified by
authorized signatory. Further if any of the controlled totals the person who has signed Form 27A.
mentioned in form No. 27 A (control chart) does not match
with that in the e-TDS return, then such returns will not be • More than one e-TDS return is not furnished in one CD/floppy.
accepted at the TIN Facilitation Centres.
• More than one CD/floppy is not used for furnishing one e-
(d) While filing form no. 24, deductor should furnish physical copies TDS return.
of certificates of no deduction or deduction at a lower rate of
• Label is affixed on CD/floppy containing details of deductor/
TDS, if any, received from the deductees.
collector like name of deductor/collector, TAN, Form no. and
(e) No bank challan, copy of TDS certificate should be furnished period to which return pertains.
alongwith e-TDS return filed.
• e-TDS return is compressed, using Winzip 8.1 or ZipItFast
The e-TDS prepared by the deductor has to be submitted at 3.0 compression (or higher version) utility only.
the TIN Facilitation Centres opened by NSDL which is the e-TDS
• TAN quoted in e-TDS return and stated on Form 27A is same.
Intermediary. The addresses of the TIN Facilitation Centres are
Confirm new TAN by using search facility on ITD website .
available at websites of Income-tax Department http:\\
www.incometaxindia.gov.in and of NSDL at http:\\ www.tin- • Carry copy of TAN allotment letter from ITD or screen print
nsdl.com. It is also to be noted that quarterly TDS returns are also from ITD website as proof of TAN to avoid inconvenience at
to be filed in Electronic file with e-TDS Intermediary. time of furnishing due to minor variation in way of transcribing
the new TAN in e-TDS return.
10.5 Checklist for Deductor
• In case of government deductors if TAN is not available at
After preparing the e-TDS return deductor should check the the time of furnishing return, application for TAN (Form 49B)
following to ensure that the e-TDS return is complete and is ready should be made along with e-TDS return or copy of
for furnishing to TIN-FC : acknowledgement of TAN application to be submitted.
• e-TDS return is in conformity with the file format notified by • Control totals, TAN and name mentioned in e-TDS return
ITD. match with those mentioned on Form 27A.

63 64
• In case of Form 24, copies of certificates of no deduction of purposes of e-TDS Scheme : 2003. Further, a declaration in
TDS and deduction of TDS at concessional rate, received Form 27A is also to be submitted in paper format.
from deductees are attached.
• Vide Notification No. 238/2007, dated 30.8.2007 of CBDT
• e-TDS return has been successfully passed through the FVU. the scope of mandatory filing of e-TDS returns has been
expanded. This notification comes into force w.e.f. 1.9.2007.
• CD/floppy furnished is virus free. Hence it is applicable from the second quarter of the F.Y.
10.6 Quarterly Statements of TDS : 2007-08 and for all subsequent quarters. As per this notification
the following classes of deductors are required to furnish
The provisions of quarterly statements of TDS have been quarterly statements in computer readable media(e-tds) where
introduced in the statute vide section 200(3) w.e.f. 01/04/2005. the deductor is
Every person responsible for deducting tax is required to file
(a) An office of the Government
quarterly statements of TDS for the quarter ending on 30th June,
30th September, 31st December, and 31st March in each Financial (b) A company
Year. This statement is to be prepared in Form No. 24Q (relevant
rule 31A) and is to be delivered with prescribed income-tax authority (c) A person required to get its accounts audited u/s. 44AB in
[Director General of Income tax (System)]or the person authorized the immediately preceding financial year.
by such authority on or before the 15th July, the 15th October and
(d) Where the number of deductees records in quarterly
the 15th January in respect of the first 3 quarters of the Financial
statement for any quarter during the immediately
Year and on or before the 15th June following the last quarter of the
preceding financial year are equal to or more than fifty.
Financial Year.
• A person other than a corporate or government deductor and
With respect to the quarterly statements of TDS, the following
categories specified above, may at his option deliver the
points are noteworthy : -
quarterly statements in computer readable media as specified
• Every deductor is required to file the quarterly statement of above. However, it is not mandatory for him to do so.
TDS in form No. 24Q for each quarter as per the dates specified
• The quarterly statements are to be furnished in accordance
above.
with the provisions of rule 37A and rule 37B.
• In case of every Government and Corporate deductor, the
• It is mandatory for the deductor to quote TAN and PAN in
quarterly statements are to be delivered on computer readable
the quarterly statements. However, where the deduction has
media (3.5" 1.44 MB floppy diskette or CD-ROM of 650 MB
been made by or on behalf of the Government, PAN shall not
capacity). The statement in computer readable media is to be
be required to be quoted in the quarterly statement.
prepared as per data structure provided by the e-filing
Administrator (DGIT Systems) designated by the Board for

65 66
• In the quarterly statements, the deductor is also required to for electronic filing of TDS returns notified by the CBDT for this
quote the Permanent Account Number (PAN) of all persons purpose. CBDT Circular No.8 dated 19.9.03 may also be referred.
in respect of whom Income-tax has been deducted. However,
PAN of those persons is not required to be quoted who are 4. What are the forms to be used for filing annual/quarterly
specified under second proviso to sub section 5B to section TDS/TCS returns?
139A. These persons include those who are not required to Following are the returns for TDS and TCS and their
obtain PAN under any provisions of this Act or those whose periodicity:
total income is not chargeable to Income-tax and a declaration
to this effect (in form and manner prescribed in sec. 197A) Form No. Particulars Periodicity
should be submitted to the deductor.
Form 24 Annual return of “Salaries” under Section Annual
• The deductor is also required to furnish the particulars of tax 206 of Income Tax Act, 1961
paid to the Central Government in the quarterly statements.
Form 26 Annual return of deduction of tax under Annual
10.7 Frequently Asked Questions Section 206 of Income Tax Act, 1961 in
respect of all payments other than “Salaries”
1. What is e-TDS Return?
Form 24Q Quarterly statement for tax deducted at Quarterly
e-TDS return is a TDS return prepared in form No.24, 26 or source from “Salaries”
quarterly statements in electronic media as per prescribed data
structure in either a floppy or a CD ROM. The floppy or CD ROM Form 26Q Quarterly statement of tax deducted at Quarterly
prepared should be accompanied by a signed verification in Form source in respect of all payments other
No.27A. than “Salaries”

2. Who is required to file e-TDS return? Form 27Q Quarterly statement of deduction of tax Quarterly
from interest, dividend or any other sum
As per Section 206 of Income Tax Act all corporate and payable to non-residents
government deductors and certain other decuctors mentioned
hereinbefore are compulsorily required to file their TDS returns on 5. Who is the e-Filing Administrator?
electronic media (i.e. e-TDS returns). However, for other
The CBDT has appointed the Director General of Income-
Deductors, filing of e-TDS return is optional.
tax(Systems) as e- Filing Administrator for the purpose of the
3. Under what provision the e-TDS return should be filed? Electronic Filing of Returns of Tax Deducted at Source Scheme,
2003.
An e-TDS return should be filed under Section 206/206A of
the Income Tax Act in accordance with the scheme dated 26.8.03

67 68
6. Who is an e-TDS Intermediary? No bank challan, copy of TDS certificate should be
CBDT has appointed National Securities Depository Ltd., furnished alongwith e-TDS return file.
Mumbai as e-TDS Intermediary. In case of Form 26, deductor need not furnish physical
7. How will the e-TDS returns be prepared? copies of certificates of no deduction or lower deduction
of TDS received from deductees.
e-TDS return has to be prepared in the data format issued by
e-Filing Administrator. This is available on the website of Income- In case of Form 24 deductor should furnish physical
tax Department i.e. http://www.incometaxindia.gov.in and of NSDL copies of certificates of ‘no deduction or deduction of
at http://www.tin-nsdl.com. There is a validation software available TDS at lower rate’, if any, received from deductees.
along with the data structure which should be used to validate the e-TDS return file should contain TAN of the deductor
data structure of the e-TDS return prepared. The e-TDS return without which the return will not be accepted.
should have following features:-
CD/floppy should be virus free.
Each e-TDS return file (Form 24, 26, 24Q, 26Q or
In case any of these requirements are not met the e-TDS
27Q) should be in a separate CD/floppy.
return will not be accepted at TIN- FCs.
Each e-TDS return file should be accompanied by a duly
filled and signed (by an authorised signatory) Form 27A 8. Can more than one e-TDS returns of the same Deductor
in physical form. be prepared in one CD/floppy?
Each e-TDS return file should be in one CD/floppy. It No, separate CD/floppy should be used for each return.
should not span across multiple floppies.
9. Where can the e-TDS return be filed?
In case the size of an e-TDS return file exceeds the
capacity of one floppy, it should be furnished on a CD. e-TDS returns can be filed at any of the TIN-FC opened by
the e-TDS Intermediary for this purpose. Addresses of these TIN-
In case the e-TDS return file is in a compressed form, it
FCs are available at the website on http://
should be compressed using Winzip 8.1 or ZipItFast 3.0
www.incometaxindia.gov.in or at www.tin-nsdl.com.
compression utility only to ensure quick and smooth
acceptance of the file. 10. What are the basic details that should be included in the
Label should be affixed on each CD/floppy mentioning e-TDS return?
name of the deductor, his TAN, Form no. and period to
Following information must be included in the e-TDS return
which the return pertains.
for successful acceptance. If any of these essential details is missing,
There should be not any overwriting / striking on Form the returns will not be accepted at the TIN - Facilitation Centres -
27A. If there is any, then the same should be ratified by
an authorised signatory.

69 70
 Correct Tax deduction Account Number (TAN) of the The deductor is to pay following charges as upload charges at
Deductor is clearly mentioned in Form No.27A as also in the time of filing of e-TDS return to M/s NSDL.
the e-TDS return, as required by sub-section (2) of section
203A of the Income-tax Act. Category of e-TDS return Upload charges

The particulars relating to deposit of tax deducted at source Returns having up to 100 deductees records Rs.25/-
in the bank are correctly and properly filled in the table at Returns having 101 to 1000 deductees records Rs. 150/-
item No.6 of Form No.24 or item No.4 of Form No.26, as
the case may be. Returns having more than 1000 deductees records Rs.500/-

The data structure of the e-TDS return is as per the structure Tax as applicable will also be paid by the deductor.
prescribed by the e-Filing Administrator.The Control Chart
14. How to find address of the office where e-TDS return
in Form 27A is duly filled in all columns and verified and is
can be filed?
enclosed in paper form with the e-TDS return on computer
media. Addresses of the TIN FCs are available on
www.incometaxindia.gov.in or at www.tin-nsdl.com..
The Control totals of the amount paid and the tax deducted
at source as mentioned at item No.4 of Form No.27A tally 15. What are the due dates for filing quarterly TDS Returns?
with the corresponding totals in the e-TDS return in Form
No. 24 or Form No. 26, as the case may be. The due dates for filing quarterly TDS returns, both electronic
and paper are as under:
11. What happens if any of the control totals mentioned in
Form 27A not match with that in the e-TDS return? Quarter Due Date Due Date for 27Q

In such a case the e TDS return will not be accepted at the April to June July 15 14 July
TIN Facilitation Centre.
July to September October 15 14 October
12. What happens in a situation where a deductor does not
have TAN or has a TAN in old format? October to December January 15 14 January

The Deductor will have to file an application in Form 49B at January to March June 15 14 Apirl
the TIN Facilitation Centre along with application fee(Rs 50/-) for (14 June if income
TAN. credited on last day
of accounting year)
13. Whether any charges are to be paid to the e-TDS
Intermediary?

71 72
16. E-TDS returns have been made mandatory for In case due to some reason estimated annual income of
Government deductors. How do I know whether I am a an employee exceeds the exemption limit during the
Government deductor or not? course of the year, tax should be deducted in that quarter
and his particulars reported in Form 24Q from that quarter
All Drawing and Disbursing Officers of Central and State
onwards.
Governments come under the category of government deductors.
19. How are the particulars of those employees who are with
17. Whether the particulars of the whole year or of the
the employer for a part of the year to be shown in Form 24Q?
relevant quarter are to be filled in Annexures I and II of
Form 24Q? Where an employee has worked with a deductor for part
of the financial year only, the deductor should deduct tax
In Annexure I, only the actual figures for the relevant
at source from his salary and report the same in the
quarter are to be reported.
quarterly Form 24Q of the respective quarter(s) up to
In Annexure II, estimated/actual particulars for the whole the date of employment with him. Further, while
financial year are to be given. However, Annexure II is submitting Form 24Q for the last quarter, the deductor
optional in the return for the 1st, 2nd and 3rd quarters should include particulars of that employee in Annexure
but in the quarterly statement for the last quarter, it is II irrespective of the fact that the employee was not under
mandatory to furnish Annexure II giving actual his employment on the last day of the year.
particulars for the whole financial year.
Similarly, where an employee joins employment with the
18. In Form 24Q, should the particulars of even those deductor during the course of the financial year, his TDS
employees be given whose income is below the threshold particulars should be reported by the current deductor in
limit or in whose case, the income after giving deductions Form 24Q of the relevant quarter. Further, while submitting
for savings etc. is below the threshold limit? Form 24Q for the last quarter, the deductor should include
particulars of TDS of such employee for the actual period
Particulars of only those employees are to be reported of employment under him in Annexure II.
from the 1st quarter onwards in Form 24Q in whose
case the estimated income for the whole year is above 20. Form 24Q shows a column which requires reasons for
the threshold limit. lower deduction of tax. How can a DDO assess it? Please
clarify.
In case the estimated income for the whole year of an
employee after allowing deduction for various savings Certificate for lower deduction or no deduction of tax from
like PPF, GPF, NSC etc. comes below the taxable limit, salary is given by the Assessing Officer on the basis of an application
his particulars need not be included in Form 24Q. made by the deductee. In cases where the Assessing Officer has
issued such a certificate to an employee, deductor has to only

73 74
mention whether no tax has been deducted or tax has been deducted 25. Will a deductee be able to view his ledger account on
at lower rate on the basis of such a certificate. TIN website?
21. Can I file Form 26Q separately for contractors, Yes.
professionals, interest etc.?
26. If a deductee finds discrepancy in his PAN ledger account,
No. A single Form 26Q with separate annexures for each what is the mechanism available for correction?
type of payment has to be filed for all payments made to residents.
The details regarding the help required for filing of eTDS are
22. From which financial year will the Annual Statement under available on the following two websites:
Sec. 203AA (Form No. 26AS) be issued?
http://www.incometaxindia.gov.in
The annual statement (Form No 26AS) will be issued for all
tax deducted and tax collected at source from F.Y 2008-09 onwards http://www.tin-nsdl.com
after the expiry of the financial year. The TIN Facilitation Centers of the NSDL at over 270 cities
23. How will the PAN wise ledger account be created by the are also available for all related help in the e filing of the TDS
intermediary i.e. NSDL in respect of payment of TDS made returns.
by deductors in Banks? 27. Whether the e-TDS return can be filed online?
The PAN wise ledger account will be created after matching Yes, e-TDS return can be filed online under digital signature.
the information in the TDS/TCS returns filed by the deductor/
collector and the details of tax deposited in banks coming through 28. Will the Paper TDS data be available online on TIN
OLTAS. database?

24. What essential information will be required to be given Yes, the Paper TDS data will also be available in TIN database
in the quarterly statement to enable accurate generation of after the digitalization of the Paper TDS return by the e-intermediary.
PAN wise ledger account?
29. I do not know the Bank branch code of the branch in
The accuracy of PAN wise ledger account will depend on:- which I deposited tax. Can I leave this field blank?
Correct quoting of TAN by the deductor. Bank Branch code or BSR code is a 7 digit code allotted to
Correct quoting of PAN of deductor banks by RBI. This is different from the branch code which is used
for bank drafts etc. This no. is given in the OLTAS challan or can
Correct and complete quoting of PAN of deductee. be obtained from the bank branch or from http://www.tin-nsdl.com.
Correct quoting of CIN (challan identification number) It is mandatory to quote BSR code both in challan details and
wherever payment is made by challan. deductee details. Hence, this field cannot be left blank. Government

75 76
deductors transfer tax by book entry, in which case the BSR code No. of deductee/party records: In case of Form 24Q, it
can be left blank. is equal to the number of employees for which TDS return
is being prepared. In case of Form 26, it is equal to the
30. What should I mention in the field “paid by book entry total number of records of tax deduction. 10 payments to
or otherwise” in deduction details? 1 party would mean 10 deductee records.
If payment to the parties (on which TDS has been deducted) Amount Paid: This is the Total Amount of all payments
has been made actually i.e. by cash, cheque, demand draft or any made on which tax was deducted. In case of Form 24Q,
other acceptable mode, then “otherwise” has to be mentioned in it is equal to the Total Taxable Income of all the
the specified field. But if payment has not been actually made and employees. In case of Form 26, Amount Paid is equal to
merely a provision has been made on the last date of the accounting the total of all the amounts on which tax has been
year, then the option “Paid by Book Entry” has to be selected. deducted at source.
31. What is the “Upload File” in the new File Validation Tax Deducted: This is the Total Amount of Tax actually
Utility? Deducted at source for all payments.
Earlier the “Input file” of the File Validation Utility (FVU) had Tax deposited: This is the total of all the deposit challans.
to be filed with TIN FC. Now “Upload File” which has some This is normally the same as Tax Deducted but at times
additional information such as the version no. of FVU has to be may be different due to interest or other amount.
filed with TIN FC. This is a file which is generated by the FYU
after the return /file prepared by the Return Preparation Utility 34. Are the control totals appearing in Form 27A same as
(RPU) is validated using the FYU. that of Error/ response File?
32. By whom should the control chart Form 27A be signed? Yes, the control totals in Form 27A and in Error/ response File
are same.
Form 27A is the summary of the TDS return. It has to be
signed by the same person who is authorized to sign the TDS return 35. What if e-TDS return does not contain PANs of all
in paper format. deductees?
33. What are the Control Totals appearing in the Error / In case PANs of some of the deductees are not mentioned in
response File generated by validating the text file through the e-TDS return, the Provisional Receipt will mention the count of
File Validation Utility (FVU) of NSDL? missing PANs in the e-TDS return. The details of missing PANs
(to the extent it can be collected from the deductees) may be
The Control Totals in Error response File are generated only furnished within seven days of the date of Provisional Receipt to
when a valid file is generated. Otherwise, the file shows the kind of TIN- FC. e-TDS return will be accepted even with missing PANs.
errors. The control totals are as under: However, if PAN of deductees is not given in the TDS return, tax

77 78
deducted from payment made to him cannot be posted to the CHAPTER-11
statement of TDS to be issued to him u/s 203AA.
IMPORTANT CIRCULARS &
36. Is the bank challan number compulsory?
NOTIFICATIONS
Yes. Challan identification number is necessary for all non
government deductors. (1) Notification no. 34/2008 dt. 13.3.2008 of CBDT. This
notification has introduced mandatory e payment of Taxes
37. Will the quarterly paper returns be accepted by the for deductors which are corporate assesses and those
Income tax department? assesses to whom provisions of sec 44AB of the I.T. Act
are applicable.
No. All quarterly paper TDS/TCS returns will be received at
TIN-FCs (2) Circular No. 8/2007 dt. 15.12.2007. Income tax deduction
from salaries u/s. 192 during F.Y. 2007-08.
38. Is PAN mandatory for deductor and employees/
deductees? (3) Notification No. 238/2007, dated 30.8.2007 of CBDT;
The scope of mandatory filing of e-TDS returns has been
PAN of the deductors has to be given by non government expanded to include certain additional categories of deductors.
deductors. It is essential to quote PAN of all deductees failing which
credit of tax deducted will not be given. (4) Circular No. 2/2007 dt. 21.5.2007, The deductors may
at their option, in respect of the tax to be deducted at source
from income chargeable under the head Salaries, use their
digital signatures to authenticate the certificates of deduction
of tax at source in form No. 16.
(5) Notification no. 928 E dt. 30.6.2005 of CBDT. regarding
quarterly statements of TDS and amendment in form 16
(6) Notification No. S.O. 974(e)dt. 26.08.03 regarding filing
of annual TDS return in electronic form with the e-TDS
intermediary .
(7) Notification No.1062(E) dt. 04.10.02 regarding amended
Form16 & form 12BA.
(8) Notification No. 688 dt. 25-9-01 - Valuation of perquisites
as per rule 3 of I.T. Rules (As per Income Tax (22nd
amendment) Rules 2001).

79 80
(9) Circular No. 761 dt. 13-1-98 - Issue of TDS certificate to (20) Circular No. 292 dt. 5-2-81 - Challan forms for payment
persons by all branches of banks. of Income tax deducted at source clarification regarding use
of 4th counterfoil.
(10) Circular No. 749 dt. 27-12-98 - clarification regarding
certificate for deduction of tax made by Central Govt. (21) Circular No. 285 dt. 21-10-80 - Procedure for regulating
departments who are making payments by book adjustments. refund of amounts paid in excess of tax deducted and/or
deductible.
(11) Circular No. 719 dt. 22-8-95 - Filing of returns u/s 206 of
the I.T.Act 1961, in respect of TDS from salary of employees (22) Circular No. 232 dt. 26-11-97 - Filling up of details in
of a company working at its headquarters or at other challan for payment of TDS.
branches, clarification regarding.
(23) Circular No. 147 dt. 28-10-74 - Issue of certificate for
(12) Circular No. 707 dt. 11-7-95 - Refunds due to non-resident non deduction of tax/T.D.S. at lower rate.
employees after their departure from India.
(24) Circular No. 141 dt. 23-7-74 - Regarding payment made
(13) Circular No. 701 dt. 23-3-95 - Taxability of allowances by cheque date of encashment will be the date of payment
received by persons having income under the head ‘Salaries’. of tax.
(14) Circular No. 640 dt. 26-11-92 - Guideline for the purpose
of sec. 10(10C) of the Income tax Act. Clarification of the
queries regarding.
(15) Circular No. 597 dt. 27-3-96 - Issue of TDS certificate
and prescribed form thereof, regarding.
(16) Notification No. S:o 148(E) dt. 28/2/91 - Details
prescribed vide form No. 16.
(17) Circular No. 586 dt. 28-2-90 - Members of crew of foreign
going Indian ship, liability to income tax in India and deduction
of tax at source clarification regarding.
(18) Circular No. 306 dt. 19-6-81 - Place of payment of direct
tax etc.
(19) Circular No. 293 dt. 10-2-86 - Exemption of person from
U.N.O.

81 82
 ANNEXURE-I 3. Balance (1-2) Rs.
4. Deductions :
FORM NO. 16 (a) Entertainment
allowance Rs.
{See rule 31(1)(a)}
(b) Tax on
Certificate under section 203 of the Income-tax Act, 1961 Employment Rs.
for tax deducted at source from income chargeable under 5. Aggregate of 4 (a) and (b) Rs.
the head “Salaries” 6. Income chargeable under and head Rs.
Name and address of the Employer Name and designation of the Employee ‘Salaries’ (3-5)
7. Add : Any other income reported
PAN No. of the TAN No. of the PAN No. of the Employee by the employee
Deductor Deductor
Rs.

Acknowledgement Nos. of all quarterly Period Assessment year

Statements of TDS under sub-section (3) of 8. Gross total income (6+7) Rs.
section 200 as provided by TIN Facilitation
Centre or NSDL website 9. Deductions under Chapter VI-A Rs.
Quarter Acknowledgement No. From To (A) Section 80C, 80CCC and 80 CCD
Gross Amount Deductible Amount
(a) Section 80C
(i) Rs.
(ii) Rs.
DETAILS OF SALARY PAID AND ANY OTHER INCOME AND
(iii) Rs.
TAX DEDUCTED
(iv) Rs.
1. Gross salary
(v) Rs.
(a) Salary as per provisions contained in
(vi) Rs.
Sec. 17(1) Rs.
(b) Section 80CCC Rs. Rs.
(b) Value of perquisites u/s 17(2) (as per
Form No. 12BA, wherever applicable) Rs. (c) Section 80 CCD Rs. Rs.
(c) Profits in lieu of salary under section Note: 1. aggregate amount deductible under section 80C shall not exceed one lakh
17(3) (as per Form No. 12BA, Rs. rupees
wherever applicable) 2. aggregate amount deductible under the three sections i.e. 80C, 80CCC
(d) Total Rs. and 80CCD shall not exceed one lakh rupees
2. Less : Allowance to the extent exempt
under Section 10
Allowance Rs.

83 84
B. other sections (e.g.80E, 80G etc) DETAILS OF TAX DEDUCTED AND DEPOSITED INTO
Under Chapter VIA CENTRAL GOVERNMENT ACCOUNT
Gross Amount Qualifying Amount Deductible Amount
(The Employer is to provide transaction-wise details of tax deducted and deposited)
(a) Section Rs. Rs. Rs. S. TDS Surcharge Education Total tax Cheque/DD BSR Code of Date on which Transfer voucher/
No. Rs. Rs. Cess deposited No. (if any) Bank branch tax deposited Challan Identi-
(b) Section Rs. Rs. Rs. Rs. Rs (dd/mm/yy) fication No.
1.
(c) Section Rs. Rs. Rs.
2.
(d) Section Rs. Rs. Rs. 3.

(e) Section Rs. Rs. Rs. 4.

5.
10. Aggregate of deductible 6.
amounts under Chapter VI-A Rs. 7.
8.
11. Total income (8-10) Rs. Rs.
9.
12. Tax on total income Rs. Rs. 10.

13. Surcharge (on tax computed at Rs.

S. No. 12) Rs.
I..........................., Son/daughter of ............................ working in the
14. Education Cess @ 2% on Rs. capacity of ......................................... (designation) do hereby certify that a sum
(tax at S.No. 12 plus surcharge of Rs. ................... [Rupees .......................... (in words)] has been deducted at
at S.No. 13) Rs. source and paid to the credit of the Central Government. I further certify that the
15. Tax payable (12+13+14) Rs. Rs. information given above is true and correct based on the books of account,
16. Relief under section 89 Rs. documents and other available records.
(attach details) Rs.
17. Tax payable (15-16) Rs. Rs.
18. Less (a) Tax deducted at Rs. Rs. Signature of the person responsible
source u/s 192(1) for deduction of tax
(b) Tax paid by the employer Rs. Rs. Place ________________
on behalf of the employee u/s Date ________________
192(1A) on perquisites us 17(2)
Full Name ____________________
19. Tax payable/refundable (17-18) Rs. Designation ___________________

85 86
 ANNEXURE-II 5. Interest free or
concessional loans
FORM NO. 12BA 6. Holiday expenses
{See rule 26A(2)(b)} 7. Free or concessional travel
8. Free meals
Statement showing particulars of perquisites, other
fringe benefits or amenities and profits in lieu of salary 9. Free education
with value thereof 10. Gifts, vouchers etc.

1. Name and address of employer 11. Credit card expenses

12. Club expenses
2. TAN
13. Use of movable assets
3. TDS Assessment Range of the employer by employees
4. Name, designation and PAN of employee 14. Transfer of assets
to employees
5. Is the employee a director or a person
with substantial interest in the company 15. Value of any other benefit/
(where the employer is a company) amenity/service/privilege
16. Stock options
6. Income under the head ‘Salaries’ of the (non-qualified options)
employee (other than from perquisites)
17. Other benefits or amenities
7. Financial Year
18. Total value of perquisites
8. Valuation of perquisites 19. Total value of profits in
Sl. Nature of Value of Amount, Amount of lieu of salary as per 17(3)
No. perquisite perquisite if any, perquisite
(see rule 3) as per recovered chargeable 9. Details of tax
rules (Rs.) from the to tax (a) Tax deducted from salary
employee Col(3)-Col(4) of the employee u/s 192(1)
(Rs.) (Rs.)
(b) Tax paid by employer on
1. Accommodation behalf of the employee u/s
2. Cars/Other automotive 192(1A)
3. Sweeper, gardener,
watchman or (c) Total tax paid
personal attendant (d) Date of payment into
4. Gas, electricity, water Government Treasury

87 88
 DECLARATION BY EMPLOYER ANNEXURE-III
I ___________________ son of _________________________ working FORM NO. 16 AA
as ____________________ (designation) do hereby declare on behalf of {See third proviso to rule 12(1) (b) and
_________________ (name of the employer) that the information given above
is based on the books of account, documents and other relevant records or rule 31(1)(a)}
information available with us and the details of value of each such perquisite Certificate for tax deducted at source from income
are in accordance with section 17 and rules framed thereunder and that such
information is true and correct. chargeable under the head “Salaries”-cum-Return of income
For an individual, resident in India, where :-
(a) his total income includes income chargeable to income-tax under the head
“Salaries”;
Signature of the person responsible (b) the income from salaries before allowing deductions under section 16 of the
for deduction of tax Income-tax Act, 1961 does not exceed rupees one lakh fifty thousand;
(c) his total income does not include income chargeable to income-tax under the
Place ________________ head “Profits and gains of business or profession” or “Capital gains” or
Date ________________ “Agricultural income”; and
Full Name ____________________ (d) he is not in receipt of any other income from which tax has been deducted at
Designation ___________________ source by any person other than the employer.
Name and address of the Employer Name and designation of the Employee

PAN/GIR NO. TAN PAN/GIR NO.

TDS Circle where Annual/Statement Period Assessment

under section 206 is to be filed From to year

DETAILS OF SALARY PAID AND ANY OTHER INCOME AND

TAX DEDUCTED
1. Gross salary
(a) Salary as per provisions contained in
section 17(1) Rs..............
(b) Value of perquisites u/s 17(2) (as per
Form No. 12BA, wherever applicable) Rs...............
(c) Profits in lieu of salary under section
17(3) (as per Form No. 12BA, Rs...............
wherever applicable)
(d) Total Rs............

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2. Less : Allowance to the extent 10. Aggregate of deductible
exempt under section 10 amounts under Chapter VI-A 747 ......
Rs............... 11. Total income (8-10) 760 ......
Rs............... 12. Tax on total income 810 ......
Rs............... 13. Rebate under
Chapter VIII
I. Under Section 88 (please specify)
Rs...........
Gross Amount Qualifying Tax rebate
3. Balance (1-2) Rs...........
(Rs.) Amount (Rs.) (Rs.)
4. Deductions under section 16 :
(a)
(a) Standard deduction Rs...............
(b)
(b) Entertainment allowance Rs...............
(c)
(c) Tax on Employment Rs...............
(d)
5. Aggregate of 4 (a) to (c) Rs............
(e)
6. Income chargeable under the head 701 ...........
(f)
‘Salaries’ Rs............
7. Add : Any other income reported
by the employee (g) TOTAL [(a) to (f)] Rs. ............ Rs. ................. 812 .....
(a) Income under the head 'Income II. (a) Under section 88B 813 .....
from house property' 702 .......... (b) Under section 88C 814 .....
(b) Income under the head 'Income (c) Under section 88D 815 .....
from other sources 706 ........... 14. Aggregate of tax rebates at 13
(c) Total of (a) + (b) above Rs........... Rs.......... above [I (g)+II(a)+II(b)+II(c)] 820 .....
15. Tax payable on total income
8. Gross total income (6+7) 746 Rs... (12-14) and surcharge thereon 832 .....
9. Deductions under Chapter VI-A 15A. Education Cess 834 .....
Gross Amount Qualifying Deductible 16. Less: Relief under section 89
(Rs.) Amount (Rs.) Amount (Rs.) (attach details) 837 .....
(a) 80CCC 235 17. Tax payable (15+15A-16) 841 .....
(b) 80D 236 18. Less : (a) tax decducted at
source under section 192(1) 868 ...............
(c) 80E 239
(b) Tax paid by the employer 872 ...............
(d) 80G 242
on behalf of the employee u/s
(e) 80L 260 192(1A) on perquisites
(f) 80QQB 275 u/s 17 (2) 873 .....
(g) 80RRB 282 19. Tax payable/refundable (17-18) 891 .....
(h) SEC

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DETAILS OF TAX DEDUCTED AND DEPOSITED INTO TO BE FILLED IN BY THE ASSESSEE
CENTRAL GOVERNMENT ACCOUNT
1. Name of the assessee
S. TDS Surcharge Education Total tax Cheque/DD BSR Code of Date on which Transfer voucher/
No. Rs. Rs. Cess deposited No. (if any) Bank branch tax deposited Challan Identi-
Rs. Rs (dd/mm/yy) fication No.
1.
2. Address
2.
3. PIN Telephone
4.
5.
3. Date of birth 4. Sex M/F:
6. 5. Assessment year 6. Ward/Circle/Special Range :
7.
7. Return : Original or Revised
8.
9. 8. Particulars of Bank Account (Mandatory in Refund cases)
10. Name of the Bank MICR Code Address of Bank Branch Type of Account Account Number ECS
(9 digit) (Savings/Current) (Y/N)
I........................... Son of Shri ............................ working in the capacity
of ......................................... (designation) do hereby certify that a sum of
Rs. ................... [Rupees .......................... (in words)] has been deducted at source
and paid to the credit of the Central Government. I further certify that the infor-
mation given above is true and correct based on the books of account, documents VERIFICATION BY THE ASSESSEE
and other available records.
I, ........................................ (Name in full and in block letters), son/daughter
of Shri ............................................................ solemnly declare that to the best of
my knowledge and belief, the information given in this return is correct, complete
Signature of the person responsible and truly stated and in accordance with the provisions of the Income-tax, Act,1961,
for deduction of tax in respect of income chargeable to income-tax for the previous year relevant to the
Place ________________ assessment year ................ .
Date ________________
Receipt No. ............. Date ......................
Full Name ____________________
Designation ___________________
SEAL Signature of the assessee
Date ...............................
Place ..............................

Signature of the receiving official

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