DOP Core Solutions

CIRCULAR NO : 01 /2019
2. RATES OF INCOME–TAX AS PER FINANCE ACT, 2018:
2.1 Rates of tax
A.Normal Rates of tax:

No TDS u/s 194A in case of Senior Citizens upto amount Rs. 50,000: CBDT Notification 

F. No. Pr. DGIT(S)/CPC(TDS)/Notification/2018-19

Notification No. 06/2018

Government of India 

Ministry of Finance

Central Board of Direct Taxes

Directorate of Income-tax (Systems) 

New Delhi

Notification No. 06 /2018 

New Delhi, 06th December, 2018

Subject: - TDS deduction under section 194A of the Income-tax Act, 1961 in case of Senior Citizens - reg.-

It has been brought to the notice of CBDT that in case of Senior Citizens, some TDS deductors/Banks are making TDS deductions even when the amount of income does not exceed fifty thousand rupees. The same is not in accordance with the law as the Income-tax Act provides that no tax deduction at source under section 194A shall be made in the case of Senior Citizens where the amount of such income or, the aggregate of the amounts of such income credited or paid during the financial year does not exceed fifty thousand rupees. (Please refer to the third proviso to sub-section 3 of section 194A)

2. Under sub-rule (5) of Rule 31A of the Income-tax Rules, 1962, the Director General of Income-tax (Systems) is authorized to specify the procedures, formats and standards for the purposes of furnishing and verification of the statements or claim for refund in Form 26B and shall be responsible for the day-to-day administration in relation to furnishing and verification of the statements or claim for refund in Form 26B in the manner so specified.

3. In exercise of the powers delegated by the Central Board of Direct Taxes (Board) under sub-rule (5) of Rule 31A of the Income-tax Rules, 1962, the Principal Director General of Income-tax (Systems) hereby clarifies that no tax deduction at source under section 194A shall be made in the case of Senior Citizens where the amount of such income or, the aggregate of the amounts of such income credited or paid during the financial year does not exceed fifty thousand rupees.

Sd/-

(Dewangi Marthak)

Asstt. Commissioner of Income-tax(CPC-TDS)

O/o the Pr. Director of Income-tax (Systems)

New Delhi

Copy for kind information to:-

1. PPS to the Chairman and all Members, CBDT, North Block, New Delhi.
2. All Pr. Chief Commissioners/Pr. Director Generals of Income-tax/Chief Commissioners of Income-tax/Pr. Commissioners of Income-tax/Commissioners of Income­ tax/Commissioners of Income-tax {TDS) with a request to circulate amongst all officers in their regions/charges.
3. JS (TPL)-1 & II I Media Coordinator and Official spokesperson of CBDT.
4. ADG(IT) I ADG(Audit) I ADG{Vig.) I ADG(Systems) 1, 2, 3, 4,5 I ADG(TPS) - 1, 2 I CIT{CPC ITR) / CIT (CPC-TDS).
5. ADG {PR, PP & OL).
6. Chief General Manager-In-Charge, Department of Government and Bank Accounts, Reserve Bank of India, Opp. Mumbai Central Railway Station, Mumbai 400 008 with request for wide circulation among Banks and necessary complaince.
7. TPL,ITA and IT(B) divisions of CBDT.
8. The Institution ofChartered Accountants of India, l.P. Estate, New Delhi.
9. The Web-Manager, 'incometaxindia.gov.in' for hosting on the website.
10. Database cell for uploading on www.irsoffi cersonli ne.gov.in and in DGIT(Systems) corner.
11. ITBA publisher for uploading in ITBA portal.
12. ITO {CPC-TDS)-11 for uploading on TRACES portal. 

Source: https://www.incometaxindia.gov.in/communications/notification/notification6_2018_tds.pdf

TDS on payment of accumulated balance under recognised provident fund and contribution from approved superannuation fund

Ministry of Finance has issued a circular about details of TDS on approved Provident and Superannuation Funds as per Income-Tax Act

TDS ON PAYMENT OF ACCUMULATED BALANCE UNDER RECOGNISED PROVIDENT FUND AND CONTRIBUTION FROM APPROVED SUPERANNUATION FUND:

The trustees of a Recognized Provident Fund, or any person authorized by the regulations of the Fund to make payment of accumulated balances due to employees, shall in cases where sub-rule(1) of Rule 9 of Part A of the Fourth Schedule to the Act applies, at the time when the accumulated balance due to an employee is paid, make therefrom the deduction specified in Rule 10 of Part A of the Fourth Schedule to the Act.

The accumulated balance is treated as income chargeable under the head “Salaries”.

Where any contribution made by an employer, including interest on such contributions, if any, in an approved Superannuation Fund is paid to the employee, tax on the amount so paid shall be deducted by the trustees of the Fund to the extent provided in Rule 6 of Part B of the Fourth Schedule to the Act. TDS should be at the average rate of tax at which, the employee was liable to be taxed during the preceding three years or during the period, if that period is less than three years, when he was member of the fund.

The deductor shall remain liable to deduct tax on any sum paid on account of returned contributions (including interest, if any) even if a fund or part of a fund ceases to be an approved Superannuation fund.

As per section 192A of the Act, w. e. f. 01.06.2015 the trustees of the EPF Scheme 1952 framed under section 5 of the EPF & Misc. Provisions Act, 1952 or any person authorized under the scheme to make payment of accumulated balance due to employees, shall, in a case where the accumulated balance due to an employee participating in a recognized provident fund is includible in his total income owing to the provisions of Rule 8 of Part A of Fourth Schedule not being applicable at the time of payment of accumulated balance due to the employee, deduct income tax thereon @ 10% if the amount of such payment or aggregate of such payment exceeds Rs 50,000/-. In case the employee does not provide his/her PAN No., then the deduction will have to be made at maximum marginal rate.

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