Section 193 of the Income-tax Act, 1961--Deduction of Income-tax at source from interest on securities during the financial year 1991-92--Instructions regarding - Income Tax - 615/1991

Section 193 of the Income-tax Act, 1961--Deduction of Income-tax at source from interest on securities during the financial year 1991-92--Instructions regarding. Circular No. 615 Dated 22/11/1991 Reference is invited to the Board's Circular No.579 [F.No. 275/51/90-IT(B)] dated 14th September, 1990 (See [1990] 185 ITR (St.) 106), regarding deduction of income-tax at source from the payment of interest on securities for the financial year 1990-91. 2. For the financial year 1991-92, there is no change in the basic rates of tax and surcharge in so far as they relate to deduction of tax at source from payment of interest on securities. The applicable rates have been given in paragraph 3 of the draft Circular enclosed. 3. It may be noted that:-- (a) tax will be deducted at source under section 193 at the time of credit to the account of the payee or at the time of payment thereof, whichever is earlier. For this purpose, credit to any suspense account or any other account, by whatever name called, shall be deemed to be a credit of such income to the account of the payee; (b) tax will not be deducted at source from any interest payable to a resident individual on debentures issued by a company in which the public are substantially interested, if the interest is paid by the company by an account payee cheque and the amount of such interest, or, as the case may be, the aggregate amount of such interest paid or likely to be paid during the financial year by the company to such an individual does not exceed Rs.2,500; (c) tax will not be deducted at source under section 193 in the case of a resident individual who makes a declaration in Form No.15F to the effect that tax on his estimated total income of the financial year 1991-92 will be nil; (d) no tax will be deducted at source or it will be deducted at a lower rate in the case of a person other than a company where a certificate under section 197 is issued by the Assessing Officer specifying the rate of such deduction of tax at source. (4) The responsibilities, obligations, etc., under the Income-tax Act, of the person deducting tax at source, are as follows: (a) According to the provisions of section 200, any person deducting any sum in accordance with the provisions of section 193 is required to pay within the prescribed time (as laid down in rule 30 of the Income-tax Rules, 1962), the sum so deducted to the credit of the Central Government. In the case of deduction by or on behalf of the Government, the sum has to be paid on the day of the deduction itself. In other cases, normally, the sum has to be paid within one week from the last day of the month in which the deduction is made. If a person fails to deduct tax at source, or, after deducting, fails to pay tax to the credit of the Central Government, he shall be liable to action under the provisions of section 201. Sub-section (1A) of section 201 lays down that such person shall also be liable to pay simple interest at fifteen per cent. per annum on the amount of such tax from the date on which such tax was deductible to the date on which such tax is actually paid. Further, section 271C lays down that if any person fails to deduct tax at source, he shall be liable to pay by way of penalty a sum equal to the amount of tax which he failed to deduct at source. In this regard, attention is also invited to the provisions of section 276B which lays down that if a person fails to pay to the credit of the Central Government the tax deducted at source by him, he shall be punishable with rigorous imprisonment for a term which shall not be less than 3 months but which may extend to 7 years and with fine. (b) According to the provisions of section 203, every person deducting tax at source is required to furnish a certificate to the effect that tax has been deducted and to specify therein the amount so deducted and certain other particulars. The certificate has to be furnished in Form No.16A within the prescribed period of one month and fourteen days to the person to whose account credit is given or to whom payment is made by any mode, as the case may be. Form No.16A can be issued by the tax deductors on their own stationery. Detailed instructions regarding the use of these forms have been issued in the Board's Circular No.597 [F.No. 275/42/91-IT(B)], dated 27th March, 1991 (See [1991] 189 ITR (St.) 32). If a person fails to furnish a certificate as required under section 203, he shall be liable to pay by way of penalty under section 272A, a sum which shall not be less than Rs.100 but which may extend to Rs.200 for every day during which the failure continues. (c) According to the provisions of section 203A, it is obligatory for all persons responsible for deducting tax at source to obtain and quote the tax deduction account number (TAN) in the challans, TDS certificates, returns, etc. Detailed instructions in this regard are available in the Board's Circular No.497 [F.No.275/118/87-IT(B)], dated 9-10-1987 (See [1988] 169 ITR (St.) 54). If a person fails to comply with the provisions of section 203A, he shall be liable to pay by way of penalty under section 272BB a sum up to Rs.5,000. (d) According to the provisions of section 206, read with rules 36A and 37 of the Income-tax Rules, the prescribed person in the case of every office of Government, the principal officer in the case of every company, the prescribed person in the case of every local authority or other public body or association, every private employer and every other person responsible for deducting tax at source shall prepare and deliver by the 30th June following the financial year, to the designated/concerned Assessing Officer, the annual return of deduction of tax from interest on securities in Form No.25. It may be noted that a copy of each TDS certificate issued during the financial year should be enclosed with the annual return. If a person fails to furnish in due time the annual return, he shall be liable to pay by way of penalty under section 272A, a sum which shall not be less than Rs.100 but which may extend to Rs.200 for every day during which the failure continues. The maximum penalty will, however, not exceed the amount of tax deductible. 5. A copy of the draft Circular referred to in paragraph 2 above is enclosed. On the basis of this draft, a circular may be issued to all the Treasury Officers, Sub-treasury Officers, Reserve Bank of India, etc., with a view to ensuring that the relevant provisions of the Income-tax Act are strictly adhered to by the tax-deductors. (Sd.) Rajesh Chandra, Under Secretary, Central Board of Direct Taxes. Draft circular to all Treasury Officers, etc. 1. I am to invite your attention to this office letter regarding deduction of income-tax from interest on Government securities during the financial year 1990-91. 2. According to the provisions of section 193 of the Income- tax Act, 1961, the person responsible for paying any income by way of interest on securities 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 issue of a cheque or draft or by any other mode, whichever is earlier, deduct income-tax at the rates in force on the amount of interest payable. For this purpose, credit to any suspense account or any other account by whatever name called shall be deemed to be a credit of such income to the account of the payee. 3. Income-tax is to be deducted during the financial year 1991-92 from the entire amount of interest on securities at the following rates:-- I. In the case of a person other than a company : Rates of income-tax (i) Where the person is resident in India-on income by way of interest payable on any security (excluding interest payable on a tax-free security) 10 per cent (ii) Where the person is not resident in India— (1) In the case of a non-resident Indian (A) on investment income and long- term capital gains 20 per cent (B) on income by way of interest payable on a tax-free security 15 per cent (C) on the whole of the other Income-tax at 30 per centincome of the amount of the income or Income-tax in respect of the income at the rates prescribed in Sub-paragraph I of Paragraph A of Part III of the First Schedule to the Finance Act, 1992 (vide Annexure I), if such income had been the total income, whichever is higher. (2) In the case of any other person,— (A) on the income by way of interest on a tax-free security 15 per cent (B) on the whole of other income (excluding interest payable on a tax-free security) [As against 1(c) above] II. In the case of a company;— (i) where the company is a domestic company - on income by way of interest on securities (excluding interest payable on a tax-free security) 21.5 per cent (ii) where the company is not a domestic company— (A) on interest payable on a tax-free security 44 per cent (B) on interest on other securities 65 per cent. Surcharge on income-tax The amount of tax deducted as per the rates given above shall be increased :— (i) by a surcharge for purposes of the Union @ 12% of such income-tax in the case of a resident person other than a company; and (ii) by a surcharge @ 15% of such income-tax in the case of a domestic company. 4. The term "domestic company" means an Indian company or any other company which, in respect of its income liable to tax under the Income-tax Act, 1961, has made the prescribed arrangements for the declaration and payment within India, of the dividends (including dividends on preference shares) payable out of such income. 5. In making payment or crediting interest on Government securities from the 1st April 1991, you are requested to deduct income-tax at the rates specified above, except in cases where an exemption or abatement certificate granted by an Income-tax Officer/Assessing Officer under sub-section (1) of section 197 of the Income-tax Act, 1961, is produced. In this connection, the following points should be kept in view: (i) exemption or abatement certificates issued before the 1st April, 1991, authorising deduction of tax at a particular rate expressed as percentage of the amount of interest should be accepted and acted upon, if operative for the financial year ending on 31st March, 1992; (ii) where a certificate is issued by the Income-tax Officer /Assessing Officer on or after 1st April, 1991, authorising deduction of tax at a specified rate in respect of any person, income-tax should be deducted at the rates specified therein; (iii) no tax should be deducted in cases in which, from a certificate issued by the Income-tax Officer/Assessing Officer or otherwise, you are satisfied that the payee is a person exempt from payment of income-tax under sections 10 to 13A of the Income-tax Act, 1961; (iv) no tax should be deducted from interest payable on 7-Year National Savings Certificates (IV Issue), National Development Bonds, etc., which have been specifically exempted from the requirement of tax deduction at source under the proviso to section 193 or of the interest payable on such debentures/securities/bonds as have been specified by the Central Government by notification in the Official Gazette under the proviso to section 192; (v) no tax should be deducted from any interest payable on any other security of the Central or State Government where the security is held by a resident individual, and the holder makes a declaration in writing in duplicate in the prescribed form and verified in the prescribed manner as provided in section 197A(1) of the Income-tax Act. A copy of declaration form prescribed under the provisions of section 197A of the Income-tax Act is at Annexure II. A copy of such declaration should be forwarded by you on or before the seventh day of the month next following the month in which the declaration is furnished to you, to the Chief Commissioner/Commissioner of Income-tax concerned, as provided in rule 29C(5) of the Income-tax Rules, 1962; (vi) no tax should be deducted from any sum payable in respect of any security owned by a corporation established by or under a Central Act which under any law for the time being in force is exempt from income-tax on its income. Payments made to Life Insurance Corporation and Unit Trust of India are exempt from the requirement of T.D.S. by their respective Acts. (vii) under section 288B of the Income-tax Act, fractions of one rupee contained in the amount of tax will have to be rounded off to the nearest rupee by ignoring amounts less than fifty paise and increasing amounts of fifty paise or more to one rupee. Hence, the amount of tax to be deducted at source should be rounded off to the nearest rupee in accordance with the aforesaid provisions of the Act. 6. The responsibilities, obligations, etc., under the Income-tax Act, of the person deducting tax at source, are as follows: (a) According to the provisions of section 200, any person deducting any sum in accordance with the provisions of section 193, is required to pay, within the prescribed time (as laid down in rule 30 of the Income-tax Rules, 1962), the sum so deducted to the credit of the Central Government. In the case of deduction by or on behalf of the Government, the sum has to be paid on the day of the deduction itself. In other cases, normally, the sum has to be paid within one week from the last day of the month in which the deduction is made. If a person fails to deduct tax at source, or, after deducting, fails to pay tax to the credit of the Central Government, he shall be liable to action under the provisions of section 201. Sub-section (1A) of section 201 lays down that such person shall also be liable to pay simple interest at fifteen per cent. per annum on the amount of such tax from the date on which such tax was deductible to the date on which such tax is actually paid. Further, section 271C lays down that if any person fails to deduct tax at source he shall be liable to pay by way of penalty a sum equal to the amount of tax which he failed to deduct at source. In this regard, attention is also invited to the provisions of section 276B which lays down that if a person fails to pay to the credit of the Central Government the tax deducted at source by him, he shall be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to seven years and with fine. (b) According to the provisions of section 203, every person deducting tax at source is required to furnish a certificate to the effect that tax has been deducted and to specify therein the amount so deducted and certain other particulars. The certificate has to be furnished in Form No.16A, within the prescribed period of one month and fourteen days to the person to whose account credit is given or to whom payment is made by any mode, as the case may be. Form No.16A can be issued by the tax-deductors on their own stationery. Detailed instructions regarding the use of these forms have been issued in the Board's Circular No.597 [F.No. 275/42/91-IT(B)], dated 27th March, 1991 (See [1991] 189 ITR (St.) 32). If a person fails to furnish a certificate as required under section 203, he shall be liable to pay by way of penalty under section 272A, a sum which shall not be less than Rs.100 but which may extend to Rs.200 for every day during which the failure continues. (c) According to the provisions of section 203A, it is obligatory for all persons responsible for deducting tax at source to obtain and quote the tax-deduction account number (TAN) in the challans, TDS certificates, returns, etc. Detailed instructions in this regard are available in the Board's Circular No.497 [F.No.275/118/87-IT(B)], dated 9-10-1987 (See [1988] 169 ITR (St.) 54). If a person fails to comply with the provisions of section 203A, he shall be liable to pay by way of penalty under section 272BB a sum up to Rs.5,000. (d) According to the provisions of section 206, read with rules 36A and 37 of the Income-tax Rules, the prescribed person in the case of every office of Government, the principal officer in the case of every company, the prescribed person in the case of every local authority or other public body or association, every private employer and every other person responsible for deducting tax at source shall prepare and deliver by the 30th June following the financial year, to the designated/concerned Assessing Officer, the annual return of deduction of tax from interest on securities in Form No.25. It may be noted that a copy of each TDS certificate issued during the financial year should be enclosed with the annual return. If a person fails to furnish in due time the annual return, he shall be liable to pay by way of penalty under section 272A, a sum which shall not be less than Rs.100 but which may extend to Rs.200 for every day during which the failure continues. The maximum penalty will, however, not exceed the amount of tax deductible. 7. In case of any doubt, the Assessing Officer or the local Public Relations Officer of the Income-tax Department should be consulted. ANNEXURE I EXTRACT FROM THE FINANCE (NO. 2) ACT, 1991, PART IIIOF THE FIRST SCHEDULE Paragraph A, Sub-paragraph I In the case of every individual or Hindu undivided family or unregistered firm or other association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the Income-tax Act, not being a case to which Sub-paragraph II of this Paragraph or any other Paragraph of this part applies:— Rates of income-tax (1) Where the total income does not exceed Rs. 22,000 Nil; (2) Where the total income exceeds Rs. 22,000 but does not exceed Rs. 30,000 20 per cent of the amount by which the total income exceeds Rs. 22,000; (3) Where the total income exceeds Rs. 30,000 but does not exceed Rs. 50,000 Rs. 1,600 plus 30 per cent of the amount by which the total income exceeds Rs. 30,000; (4) Where the total income exceeds Rs. 50,000 but does not exceed Rs. 1,00,000 Rs. 7,600 plus 40 per cent of the amount by which the total income exceeds Rs. 50,000; (5) Where the total income exceeds Rs. 1,00,000 Rs. 27,600 plus 50 per cent of the amount by which the total income exceeds Rs. 1,00,000. Surcharge on Income-tax The amount of income-tax computed in accordance with the preceding provisions of this Sub-paragraph shall— (i) in the case of every individual, Hindu undivided family or association of persons or body of individuals referred to in sections 88 and 88A having a total income exceeding seventy-five thousand rupees, be reduced by the amount of rebate of income-tax calculated under Chapter VIII-A, and the income-tax as so reduced ; (ii) in the case of every person, other than those mentioned in item (i) having total income exceeding seventy-five thousand rupees, be increased by a surcharge for purposes of the Union calculated at the rate of twelve per cent of such income-tax : Provided that no such surcharge shall be payable by a non-resident. ANNEXURE II FORM NO. 15F [See rule 29C(1)] Declaration under section 197A(1) of the Income-tax Act, 1961 to be made by an individual claiming receipt of "interest on securities" without deduction of tax I,............................................................................................................................................................,son/daughter/wife of........................................................................resident of....................................................................... @ do hereby declare:— 1. that the securities, particulars of which are given below, stand in my name and are beneficially owned by me, and the interest therefrom is not includible in the total income of any other person under sections 60 to 64 of the Income-tax Act, 1961 : Description of securities Number of securities Dates of securities Amount of securities Date(s) on which the securities were acquired by the declarant 2. that my present occupation is...........................................; 3. that the tax on my estimated total income including the interest on securities referred to in paragraph 1 above, computed in accordance with the provisions of the Income-tax Act, 1961, for the previous year ending on....................relevant to the assessment year 19........19.........will be nil; 4. *that I have not been assessed to income-tax at any time in the past but I fall within the jurisdiction of the Chief Commissioner or Commissioner of Income-tax................; OR that I was last assessed to income-tax for assessment year 19........19........by the Assessing Officer......................Circle/Ward/District and the permanent account number allotted to me is.......................; 5. that I am resident in India within the meaning of section 6 of the Income-tax Act, 1961. ...................................................... Signature of the declarant Verification I,............................., do hereby declare that to the best of my knowledge and belief what is stated above is correct, complete and is truly stated. Verified today, the.........................day of......................19......... Place......................... ............................... Signature of Declarant Notes : 1. @ Give complete postal address. 2. The declaration should be furnished in duplicate. 3. *Delete whichever is not applicable. 4. Before signing the verification, the declarant should satisfy himself that the information furnished in the declaration is true, correct and complete in all respects. Any person making a false statement in the declaration shall be liable to prosecution under section 277 of the Income-tax Act, 1961, and on conviction be punishable— (i) in a case where tax sought to be evaded exceeds one lakh rupees, with rigorous imprisonment which shall not be less than six months but which may extend to seven years and with fine; (ii) in any other case, with rigorous imprisonment which shall not be less than three months but which may extend to three years and with fine. [FOR USE BY THE PERSON TO WHOM THE DECLARATION IS FURNISHED] 1. Name and address of the person responsible for paying the interest on securities mentioned in Paragraph 1 of the declaration 2. Date on which the declaration was furnished by the Declarant 3. Period for which interest is paid 4. Amount of interest 5. Date on which interest is paid Forwarded to the Chief Commissioner or Commissioner of Income-tax,........................... ................................. Signature of the person Place........ responsible for paying Date......... interest on securities. ANNEXURE III FORM NO. 16A [See Rule 31(1)(b)] Certificate of deduction of tax at source under section 203 of the Income-tax Act, 1961 [For interest on securities; dividends; interest on time deposits referred to in clauses (vii) and (viia) of sub-section (3) of section 194A; insurance commission; payments in respect of deposits under National Savings Scheme; payments on account of repurchase of units by the Mutual Fund or Unit Trust of India; commission, remuneration or prize on sale of lottery tickets; commission or brokerage; income from units referred to in section 196B]. Name and address of the TDS circle Name and address of the person deducting tax where Annual person to whom payment ................................................ Return under is made or in whose ................................................ section 206 is to account it is credited ................................................ be delivered ................................................ ................................................ ................................................ ................................................ ................................................ ................................................ ................................................ ................................................ ................................................ ................................................ ................................................ ................................................ TAX DEDUCTION A/C NO. NATURE OF PAN/GIR NO. OF THE OF THE DEDUCTOR PAYMENT PAYEE PAN/GIR NO. OF THE FOR THE PERIOD DEDUCTOR 19 ..... TO 19 ..... DETAILS OF PAYMENT, TAX REDUCTION AND DEPOSIT OF TAX INTO CENTRAL GOVERNMENT ACCOUNT Date of payment/ credit Amount paid/ credited (Rs.) Amount of income-tax deducted (Rs.) Rate at which deducted Date challan No. of deposit of tax into Central Govt. Account Name of the Bank Branch where tax deposited Certified that a sum of Rs. (in words)........................has been deducted at source and paid to the credit of the Central Government as per details given above. .................................................................. Signature of person responsible for deduction of tax Place............... Date................ Full Name .......................... Designation........................