A long time ago taxes were levied on imported goods, later on, it was imposed on real property to raise the funds for the country and it’s been confined for a long time. But as demand increased with requirements, tax collections were extended to other assets like real estate, a variety of obligatory services, charges on goods, industries, market fees, and so on. Since then, with the advancement of civilization, various types of taxes have been imposed on citizens and industries as per their reciprocal obligations and duties. In the procession, TDS and TCS are one of the kinds of taxation that the Government has imposed on eligible taxpayers of India.
Tax Deducted at Source (TDS) is a mechanism introduced by the Income Tax Department with the aim of collecting taxes from the source of income generation. As per this concept, the responsible person (deductors) is required to deduct a certain percentage of income as tax before making the payment to the receivers. The deductor is liable to deduct tax on payments which include salary, commission, brokerage fee, professional fees, interest, rent, etc. subject to the terms and conditions specified in the relevant sections. TDS deducted is required to be paid to the income tax department by the payer/deductor on a relevant date as specified.
Tax Collected at Source (TCS) is a mechanism wherein the responsible person (seller) is required to collect a certain percentage of the amount as tax from the buyers at the time of sale of specific goods. TCS collection is applicable to the sale of certain goods which is excluded from production and manufacturing material.
Tax Collected at Sources/Tax Deducted at Source must be deposited on or before the due dates prescribed under the Income-tax Law. Along with depositing the TDS, the deductors also need to file a TDS/TCS return that is basically a quarterly statement consisting a summary of all entries for tax deducted by the deductor and paid to the Income Tax Department. It is mandatory for all TDS deductors to submit their TDS return on or before prescribed due dates. TDS return can be filed only with valid Tax Collection and Deduction Account Number (TAN).
Every Deductor/payer who deducts/collects TDS/TCS with a valid Tax Deduction and Collection Account Number (TAN) is required to file their TDS return. They are as follows:
But In case of payments made u/s 194A, 194C, 194H, 194I, and 194J, individual and HUF whose accounts are not subject to Tax Audit under section 44AB of the Income-tax Act, 1961 during the preceding financial year, are not required to deduct tax at source.
There are various types of TDS/TCS return forms based on the nature of payments to be filed by deductors/payers with valid TAN.
Form 24Q |
TDS Deducted on Salary |
Form 26Q |
TDS deducted on payments other than salary |
Form 27Q |
TDS deducted and collected from non-residents payment (other than salary) |
Form 27EQ |
Quarterly statement of Tax Collected at Source |
Form 26QB |
A return-cum-challan form for the payment of Tax Deducted at Source (TDS) to the Government |
Form 26QC |
Challan-cum-statement form for reporting the transactions liable to TDS on rent |
Form 26QD |
Challan-cum-statement form for reporting the transactions liable to TDS on PAYMENTS TO Resident Contractors and professionals |
TDS/TCS returns are required to be submitted on a quarterly basis. Noting that, for the first three quarters, deductors/payers are given one month to file TDS/TCS return whereas, for the fourth quarter (1 January to 31 March), deductors are given 2 months to submit their TDS/TCS return. Take a look at the due dates of the TDS/TCS return file.
Also Read: A Step by Step Guide to Filing e-TDS Returns Online
Deductors |
Payment Type |
Due Dates of Payment of TDS |
Government Office |
Without challan |
Same day |
Government office |
With Challan |
Before or 7th of next month |
|
|
|
Other than government office |
March month |
30th April |
Other than Government Office |
Other month |
7th of next month |
Quarter |
Duration |
Last Date of Filing |
1st Quarter |
1st April to 30th June |
31st July 2021 |
2nd Quarter |
1st July to 30th September |
31st Oct 2021 |
3rd Quarter |
1st October to 31st December |
31st Jan 2022 |
4th Quarter |
1st January to 31 March |
31 May 2022 |
Form Types |
Payment types |
Due Dates |
Forms 26QB (Challan cum TDS return) |
TDS on Immovable property |
30 days from the end of the month in which TDS was deducted |
Form 26QC (Challan cum TDS return) |
TDS on rent |
30 days from the end of the month in which TDS was deducted |
|
|
|
Quarter |
Duration |
Last Date of Filing |
1st Quarter |
1st April to 30th June |
31st July 2021 |
2nd Quarter |
1st July to 30th September |
31st Oct 2021 |
3rd Quarter |
1 October to 31st December |
31st Jan 2022 |
4th Quarter |
1st January to 31st March |
31h May 2022 |
When the TDS amount is higher than the net payable tax, the taxpayers need to file a TDS Refund Claim for the additional amount deducted by an employer. In simple terms, if deductors deduct TDS more than your annual tax liabilities, you need to file an income tax return to claim such excess TDS as a refund. Basically, the case of TDS refund arises when there is a mismatch between investment declared at the beginning of the financial year and investment made at the end of the financial year.
Also Read: A Complete Guide on Tax Deducted at Source (TDS)
As per section 234E of the Income Tax Act 1961, if the taxpayers fail to file TDS/TCS return on or before the due date prescribed under the Income-tax law, they are liable to pay the late fee of Rs. 200 per day until they file the TDS return. However, the total amount of the late fee can’t exceed the actual amount of TDS i.e. if your total payable TDS amount is Rs.4000 that is to be paid on or before 14th July and you are filing your return on 14th August, you need to pay only Rs. 4000, not the exceeded amount as per calculation that is 30 days * 200 = Rs. 6000. But, for the late deposit of TDS, you have to pay the interest amount under section 201(1A).
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