194LA. Any person
responsible for paying to a resident any sum, being in the nature of
compensation or the enhanced compensation10 or the consideration or the enhanced
consideration on account of compulsory acquisition, under any law for the time
being in force, of any immovable property (other than agricultural land),
shall, at the time of payment of such sum in cash or by issue of a cheque or
draft or by any other mode, whichever is earlier, deduct an amount equal to ten
per cent of such sum as income-tax thereon:
Friday, November 28, 2014
Wednesday, November 26, 2014
Section 194I : TDS on Rent
78[Rent.
79194-I. Any person, not being an
individual or a Hindu undivided family, who is responsible for paying to 80[a
resident] any income by way of rent81,
shall, at the time of credit of such income to the account of the payee or at
the time of payment thereof in cash or by the issue of a cheque or draft or by
any other mode, whichever is earlier, 82[deduct income-tax thereon at the rate
of—
83[(a)
two per cent for the use of any machinery or plant or equipment; and
(b) ten per cent for
the use of any land or building (including factory building) or land
appurtenant to a building (including factory building) or furniture or
fittings:]]
Tuesday, November 25, 2014
Section 194 H : TDS on Commission or Bokerage
Commission or
brokerage.
194H. Any
person, not being an individual or a Hindu undivided family, who is responsible
for paying, on or after the 1st day of June, 2001, to a resident, any income by
way of commission (not being insurance commission referred to in section
194D) or brokerage, shall, at the time of credit of such income to the
account of the payee or at the time of payment of such income in cash or by the
issue of a cheque or draft or by any other mode, whichever is earlier, deduct
income-tax thereon at the rate of [ten]
per cent :
Provided that no deduction shall be made under this section in a
case where the amount of such income or, as the case may be, the aggregate of
the amounts of such income credited or paid or likely to be credited or paid
during the financial year to the account of, or to, the payee, does not exceed [five thousand rupees] :
[Provided further that an individual or a Hindu
undivided family, whose total sales, gross receipts or turnover from the
business or profession carried on by him exceed the monetary limits specified
under clause (a) or clause (b) of section
44AB during the financial
year immediately preceding the financial year in which such commission or
brokerage is credited or paid, shall be liable to deduct income-tax under this
section:]
[Provided also that no deduction shall be made
under this section on any commission or brokerage payable by Bharat Sanchar
Nigam Limited or Mahanagar Telephone Nigam Limited to their public call office
franchisees.]
Explanation.—For the purposes of this section,—
(i)
"commission or brokerage" includes any payment received or
receivable, directly or indirectly, by a person acting on behalf of another
person for services rendered (not being professional services) or for any
services in the course of buying or selling of goods or in relation to any
transaction relating to any asset, valuable article or thing, not being
securities;
(ii) the
expression "professional services" means services rendered by a
person in the course of carrying on a legal, medical, engineering or architectural
profession or the profession of accountancy or technical consultancy or
interior decoration or such other profession as is notified by the Board for
the purposes of section
44AA;
(iii) the
expression "securities" shall have the meaning assigned to it in
clause (h) of section 2 of the Securities Contracts (Regulation) Act,
1956 (42 of 1956);
(iv) where
any income is credited to any account, whether called "Suspense
account" or by any other name, in the books of account of the person
liable to pay such income, such crediting shall be deemed to be credit of such
income to the account of the payee and the provisions of this section shall
apply accordingly.]
Q What is the meaning if Commission and how
it is different from Discount ?
Sunday, November 23, 2014
Section 194 J :TDS on Fees for Professional or Technical Services
Fees for professional or technical services.
88a194J. (1) Any person, not being an individual or a
Hindu undivided family, who is responsible for paying to a resident any sum by
way of—
(a) fees for professional services, or
(b) fees for technical services [or]
Friday, November 21, 2014
Section 194 C : TDS on Payments to Contractors
Payments to contractors.
194C. (1) Any person responsible for paying any sum to any
resident (hereafter in this section referred to as the contractor) for carrying
out any work(including supply of labour for carrying out any work) in pursuance
of a contract between the contractor and a specified person shall, at the time
of credit of such sum to the account of the contractor or at the time of
payment thereof in cash or by issue of a cheque or draft or by any other mode,
whichever is earlier, deduct an amount equal to—
Thursday, November 20, 2014
Section 24 of Income Tax Act
Deductions from income from
house property.
Section 24. Income
chargeable under the head "Income from house property" shall be
computed after making the following deductions, namely:—
(a) a sum equal to
thirty per cent of the annual value;
(b) where the property
has been acquired, constructed, repaired, renewed or reconstructed with
borrowed capital, the amount of any interest payable on such capital:
Provided that in respect of property referred to in
sub-section (2) of section
23, the amount of deduction shall not exceed thirty thousand rupees :
Wednesday, November 19, 2014
Section 80 C : Questions and Answers
Q Whether is is necessary
that Investment under Section 80C of Income-tax Act, 1961 should be from the Income earned during the
period?
Answer: Investment in National Savings
Certificates, etc. for claiming deduction under section 80C need not
be from income earned up to that period; it would be sufficient if total income
of assessee for that year covers investment [Assessment year 1992-93] [In
favour of assessee] [2009] 318 ITR 286 (ALL.) HIGH
COURT OF ALLAHABAD Commissioner of Income-tax v. Pursottam Sa.
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