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Smart & Easy TDS Software for Preparing TDS Returns

TDSMAN Blog - Smart & Easy TDS Software for Preparing TDS Returns

Budget 2017 – Changes in TCS Provisions

1.Restriction on cash transactions

It is also proposed to consequentially amend the provisions of section 206C to omit the provision relating to tax collection at source at the rate of one per cent. of sale consideration on cash sale of jewellery exceeding five lakh rupees.

This amendment will take effect from 1st April, 2017.

2.Exemption from tax collection at source under sub-section (1F) of section 206C in case of certain specified buyers.

The existing provision of sub-section (1F) of section 206C of the Act, inter-alia provides that the seller who receives consideration for sale of a motor vehicle exceeding ten lakh rupees, shall collect one per cent of the sale consideration as tax from the buyer.

In order to reduce compliance burden in certain cases, it is proposed to amend section 206C, to exempt the following class of buyers such as the Central Government, a State Government, an embassy, a High Commission, legation, commission, consulate and the trade representation of a foreign State; local authority as defined in explanation to clause (20) of Section 10; a public sector company which is engaged in the business of carrying passengers, from the applicability of the provision of subsection (1F) of section 206C of the Act.

This amendment will take effect from 1st April, 2017.

3.Strengthening of PAN quoting mechanism in the TCS regime

Statuary provisions for deduction of tax at source (TDS) at higher rate of 20% or the applicable rate whichever is higher) in case of non-quoting of Permanent Account Number (PAN) is provided under section 206AA of the Act and it exist since April, 2010.

PAN acts as a common thread for linking the information in the departmental data base. It may also be noted that the process of allotment of PAN is made simple and robust. PAN application can be made online and PAN gets allotted in less than a week.

In order to strengthen the PAN mechanism, it is proposed to insert new section 206CC to provide the following:

i. any person paying any sum or amount, on which tax is collectable at source under Chapter XVII BB (hereafter referred to as collectee) shall furnish his Permanent Account Number to the person responsible for collecting such tax (hereafter referred to as collector), failing which tax shall be collected at the twice the rate mentioned in the relevant section under Chapter XVII BB or at the rate of five per cent. whichever is higher.

ii. that the declaration filed under sub section (1A) of section 206C shall not be valid unless the person filing the declaration furnishes his Permanent Account Number in such declaration.

iii. that in case any declaration becomes invalid under sub-section (2), the collector shall collect the tax at source in accordance with the provisions of sub-section (1).

iv. no certificate under sub section (9) of section 206C shall be granted unless it contains the Permanent Account Number of the applicant.

v. the collector knows about the correct PAN of the collectee it is also proposed to provide for mandatory quoting of PAN of the collectee by both the collector and the collectee in all correspondence, bills and vouchers exchanged between them.

vi. that the collectee shall furnish his Permanent Account Number to the collector who shall indicate the same in all its correspondence, bills, vouchers and other documents which are sent to collectee.

vii. where the Permanent Account Number provided by the collectee is invalid or it does not belong to the collectee, then it shall be deemed that Permanent Account Number has not been furnished to the collector.

viii. to exempt the non-resident who does not have permanent establishment in India from the provisions of this proposed section 206CC of the Act.

This amendment will take effect from 1st April, 2017.

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Viewing of TDS through form 26AS

How to view your TDS through form 26AS?

A taxpayer can view the tax credit or the tax that has been deducted on his behalf in the form of TDS. This information is available in Form 26AS and can be downloaded from the Income Tax website. It provides information about the tax deducted by various entities on behalf of the taxpayer.

Form 26AS contains details of tax deducted at source on salary, interest income, real estate or other investments, advance tax, refund received during the year and other related information.

The various ways to view one’s tax credit:

  1. Income tax e-filing website
  2. The TRACES website
  3. The taxpayer’s Internet banking access

Through income tax e-filing website

The site can be accessed on incometaxindiaefiling.gov.in. One must have a login id and password, or register on the website. On logging in, one can click on “My Accout/View Form 26AS”. On clicking the same, the user will be redirected to the TRACES website. The user will have to select the assessment year for which he wishes to view Form 26AS. The form will be displayed and can be downloaded.

Through the TRACES website

Visit http://contents.tdscpc.gov.in/en/home.html and click on the “Tax Payer” tab. Next, click on “register as new user” page and carry out registration process. On successful registration, an activation link and codes will be sent to the registered email id and mobile number. After clicking on the activation link and entering the code, one can login to the TRACES website and access Form 26AS.

Tax payer’s Internet banking access

A taxpayer who has Internet banking access with a bank authorised by the Income Tax Department to show tax credit, can use this facility. Log in to Internet banking and click on View Form 26AS. To know if a bank is authorised, one can visit http://contents.tdscpc.gov.in/en/netbanking.html.

Points to note

  1. View of Form 26AS through Internet banking is available only if the PAN is mapped to that particular account.
  2. Only a PAN holder whose TDS has been deducted or who has deposited tax (self assessment tax, advance tax, TDS on property) can register on TRACES
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Think PAN is only for tax purposes? Find out

Are you planning to go on a shopping spree or buying a home theatre system that could set you back by a few lakhs? Before you step out of your home, remember to carry your Permanent Account Number (PAN) as the salesman may ask you for it if you’re buying above a specific limit.

Here are some more uses of the 10-digit alphanumeric number, which might come in handy to you:

  1. To avoid higher deduction of taxes at source: Not updating or providing PAN details in your savings bank account may attract Tax Deduction at Source (TDS) at the highest marginal rate. For accounts where the annual interest payment exceeds Rs 10,000 and PAN details are not provided, the bank can deduct TDS at the rate of 30 per cent.
  2. To avail House Rent Allowance (HRA) tax benefit: If you’re living on rent and paying over Rs 1 lakh per annum then it is mandatory to provide your landlord’s PAN to your employer to avail HRA tax benefit.
  3. For investing purposes: If you’re investing over Rs. 50,000 in mutual funds (MFs), bonds or debentures, you need to provide your PAN details. While investing, you have to undergo a one-time Know Your Customer (KYC) process, which requires a photograph, identity (ID) and address proof. PAN card serves as an ID proof and is mandatory for almost all investment products.
  4. To carry out business or profession: If you’re carrying out any business or profession where annual sales or receipts total exceeds Rs 5 lakh then you need a PAN.
  5. To receive a refund from Income-tax (I-T) Department: Well, you know that to pay your I-T dues, you need to file your returns. However, to receive the refund in excess of the tax deducted from your taxable income, you also need to file I-T returns for which PAN is required.
  6. Buying a car: Did you know that for buying or selling a car, it is mandatory for you to provide PAN? However, this rule is not applicable for two-wheelers.
  7. Opening a bank account: As per the I-T website, it is mandatory to quote your PAN while opening a bank account. However, a Basic Savings Bank Deposit Account (BSBDA) is exempted from this rule. BSBDA is a savings bank accounts in which the total credits must not exceed Rs 1 lakh per annum, subject to other conditions.
  8. Opening a demat account: For people trading in share markets, it is mandatory to have a dematerialised (demat) account. And without a PAN, you cannot open a demat account.
  9. Investing in fixed deposit (FDs): If you’re planning to invest over Rs 50,000 or aggregate of more than Rs 5 lakh in a financial year in a time deposit/FD of a bank, post office or a Non-baking Financial Company (NBFC) then you’re mandatorily required to quote your PAN.
  1. Purchase of foreign currency in cash: If you’re planning to travel abroad then you need to carry foreign currency with you. As per the I-T website, if you make a payment of over Rs 50,000 with respect to any foreign travel or for the purchase of any foreign currency at any one time then you must also provide your PAN while making these payments.
  2. Applying for credit/debit card: Remember when you applied for your favourite swipe card during demonetisation, you were required to provide your PAN details?
  3. Paying hotel/restaurant bill: As per I-T Rule 114B, it is required by you to quote your PAN for cash payment over Rs 50,000 for paying your hotel or restaurant bill, or bills at one time.
  4. Investing in Reserve Bank of India (RBI) bonds: While investing over Rs 50,000 in RBI bonds, you are required to provide your PAN, along with other details.
  5. Depositing cash in the bank: If you’re planning to visit the bank soon to deposit cash then don’t forget your PAN card at home. For depositing cash over Rs 50,000, you need to mention your PAN while filling the pay-in slip.
  6. For the purchase of bank drafts, pay order or banker’s cheque: At times you are required to make some payments either through bank drafts, pay orders or banker’s cheque. If you purchase these instruments in cash for an amount exceeding Rs 50,000 during any day, you’re required to quote your PAN.
  7. Buying a gift card or other prepaid instruments: Prepaid instruments are payment instruments that facilitate the purchase of goods and services, including funds transfer against the value stored in them. Any payment made via cash or any banking instruments like cheque or draft for the amount exceeding Rs 50,000 on aggregate for the financial year for one or more prepaid instruments requires the quoting of PAN, as per RBI guidelines.
  8. For making premium payments: Every individual makes some investments to save tax under Section 80C of the I-T Act. Some make investments in Equity Linked Savings Schemes (ELSS) funds, while others buy life insurance policies. Rule 114B states that every person is required to quote PAN details for making life insurance premium payments over Rs 50,000 in a financial year on an aggregate.
  9. Transaction of securities other than shares: Rule 114B states that the sale or purchase of any security other than shares such as scrips, bonds, debenture or any other marketable securities as listed under the Securities Contracts (Regulation) Act, 1956, over an amount of Rs 1 lakh per transaction requires PAN card as a mandatory document.
  10. Transaction of unlisted shares: Any sale or purchase of unlisted company shares exceeding Rs 1 lakh per transaction requires PAN card details to complete the required transaction.
  1. Immovable property transactions: Planning to buy or sell any immovable property such as a house? Rule 114B requires every person involved in the sale or purchase of any immovable property exceeding Rs 10 lakh to provide his PAN details.
  2. Sale/purchase of any goods & services: Rule 114B also states that any sale or purchase of good and services other than specified in the rule whose transaction value exceeds Rs 2 lakh per transaction mandatorily requires one’s PAN card.
  3. Investment in minor’s name: If you’re planning to make some investments in your children’s name then the guardian PAN number is required. However, the child must not have any income chargeable to tax.

Non-Resident Indians (NRIs) are exempted from providing their PAN in the following instances:

a) Applying for debit or credit card

b) Making cash payments for hotel and restaurant bills

c) Any payment made for foreign travel or foreign currency exchange

d) Payment made for acquiring RBI bonds

e) Payments made to purchase any drafts, pay order or banker’s cheque

f) Payment made for prepaid instruments

g) Sale or purchase of any good and services not mentioned in Rule 114B

If you don’t have a PAN, remember to make a declaration by submitting duly filled Form 60 while doing transactions which mandatorily require one.

Section 272B of the I-T Act deals with penalties related to non-compliance with PAN-related provisions. A Rs 10,000 penalty can be slapped on a taxpayer for not obtaining PAN when he is entitled to one, or knowingly quoting incorrect PAN in a prescribed document or initimating incorrect PAN to the person deducting or collecting the tax.

PAN has become an important document in our lives. You need to provide PAN details while investing for your retirement or buying jewellery, among other things.

It enables the government to track all your financial transactions and helps in checking whether your taxes and major financial expenses are consistent or not.

If you’re not planning to disappear from the financial world or don’t want the taxman to come knocking at your door, it is better to remember these rules and be careful with its misuse.

Source: The Economic Times

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