INTRODUCTION

01 Under the Income-tax Act, every person making payment or crediting income of specified types to another person is required to deduct a specific proportion of amount payable/creditable at the time of making payment or giving credit, whichever is earlier and deposit the sum so deducted. [Refer further to para 53.4]. Every such person shall have to apply to the Assessing Officer for allotment of a tax deduction account number (TAN) under section 203A.

PROCEDURE FOR OBTAINING TAX DEDUCTION ACCOUNT NUMBER (TAN)

02 All organisations which are required to deduct tax at source are required to obtain TAN from the assessing officer by making an application for the allotment of TAN in Form 49B. It may be noted that the function of allotment of TAN is centralised at the headquarters of the Chief Commissioner in the metropolitan cities of Chennai, Mumbai, Calcutta, Delhi, Ahmedabad, Bangalore, Hyderabad and Pune. For other places, the function is decentralised with various assessing officers. Now you can fill this application online also. Please log on to https://tin.tin.nsdl.com/tan/form49B.html

MANDATORY NATURE OF PROVISIONS

03 Under Income-Tax Law, it is mandatory to apply and obtain TAN if an organisation is liable to deduct tax at source on certain payments which are discussed in the following paras and the organisation deducting tax is required to quote the TAN in the following documents :

(i) all challans while depositing the tax so deducted.

(ii) all certificates issued against the tax deducted.

(iii) all returns furnished in respect of tax deducted at source.

(iv) all other documents pertaining to such transaction as may be prescribed.

TYPES OF PAYMENTS REQUIRING TAX DEDUCTION AT SOURCE

04 Section 200 of the Act specifies a list of payments which require deduction of tax at source. From the viewpoint of Voluntary Organisations, the following are the important payments, in respect of which tax must be deducted at source for the year 2012-13:

For Salaried person

Tax Slabs Rate of Interest 0 - 200000 0 200001 - 500000 10 500001 - 1000000 20 1000001 and above 30

Senior Citizen (Aged 60 years but less than 80 years)

Tax Slabs Rate of Interest 0 - 250000 0 250001 - 500000 10 500001 - 1000000 20 1000001 and above 30

For Senior Citizen (Aged 80 years and above)

Tax Slabs Rate of Interest 0 - 500000 0 500001 - 1000000 20 1000001 and above 30

For other rates please click here

DEPOSIT OF TAX DEDUCTED AT SOURCE

05 The tax deducted at source is required to be deposited to the credit of the Central Government within the stipulated time limit. Such deposit can be made in various specified nationalised banks with the help of TAN challans available with Income-tax Department. Whenever a TDS is deposited one should not forget to quote the TAN on challan.

06 The time limit for depositing the amount of TDS is as under :

(i) for salaries-within one week from the end of the month in which deduction has been made.

(ii) for other payments-within one week from the end of the month in which deduction has been made.

However, where the amount is credited on the last day of the year, the tax amount can be deposited within 2 months from the date, except in case of TDS on salary.

ISSUE OF CERTIFICATE

07 Under section 203 the organisation deducting TDS is required to issue a certificate to the person from whose income, tax has been deducted. This certificate will enable the person to claim credit for such tax deducted in his/her return of income. Organisations can prepare the certificate in their own stationery but in the prescribed form. The prescribed form is Form No.16 for deduction of tax from salary, for all other cases it is Form No. 16A. Form 12BA is a statement showing particulars of perquisites, other fringe benefits or amenities and profits in lieu of salary with value thereof.

RETURNS TO BE FURNISHED BY THE ORGANISATION

08 All organisations responsible for deduction of tax at source are required to submit to the prescribed income tax authority ; a return(s) within a stipulated period after the end of the financial year. The relevant return form and the month by which it should be filed are as under :

Types of Return Form No. Last date for Submission

Quarterly return for tax deduction from salaries 24Q 15th July, 15th October, 15th January and 15th June Quarterly return of deduction of tax from payments other than salaries 26Q 15th July, 15th October, 15th January and 15th June

INTEREST, PENALTIES & PUNISHMENT

09 Failure to deduct income-tax at source on various payments as discussed may attract interest, penalty and even severe punishment.

- If an organisation does not deduct tax or deducts tax but does not deposit the same then interest @ 1% per month would be levied on the tax not deducted or not paid as the case may be, under section 201(1A).

- The Income Tax Department may also levy penalties to the extent of the amount of tax not deducted in cases of failure to deduct tax, under section 271C.

- If the tax is deducted but not deposited in favour of the Central Government as per the provisions of the Income-Tax Act, then the principal officer can be punished with imprisonment for a period of 3 month to 7 years with fine.

- If the returns required to be furnished under section 206 are not filed then a penalty of Rs. 100 per day may be imposed for each day of default, under section 272A. However, the assessing officer shall give an opportunity of being heard before imposing the penalty under this section.