Provisions regarding tax deduction at source introduced by the Finance Act, 1995--Clarification regarding - Income Tax - 716

Provisions regarding tax deduction at source introduced by the Finance Act, 1995--Clarification regarding. Circular No. 716 Dated 9/8/1995 The Finance Act, 1995 (see [1995] 213 ITR (St.) 15), has enlarged the ambit of deduction of tax at source by amending sections 194A and 194C of the Income-tax Act, 1961, and by inserting sections 194J and 194K in the Act. As a result of these changes, deduction of tax at source is also required to be made from :_ (i) payments of Rs. 20,000 and above made by way of fees for professional and technical services ; (ii) payments in pursuance of contracts of Rs. 20,000 and above for advertising, broadcasting, telecasting, transport of goods and passengers and catering ; (iii) payments of interest of Rs. 10,000 and above on time deposits with a bank branch ; and (iv) income of Rs. 10,000 and above from units of mutual funds or of the Unit Trust of India. These changes are likely to affect a large number of persons some of whom may not have taxable income. Persons having income below the taxable limit may apply to the Assessing Officers for issue of certificates for non-deduction of tax. There may also be cases where assessees may apply for deduction of tax at a lower rate. Provision has also been made for making suo motu declarations to the payers for non-deduction of tax from interest on time deposits and income in respect of units. In pursuance of the aforesaid new provisions, necessary amendments in the Rules and Statutory Forms have been carried out. These rules/forms primarily pertain to deduction of tax at lower rate, non-deduction of tax, filing of declaration by a person to the payer, payment of tax to the Government by the deductors, and filing of annual returns, etc. The details of forms amended or inserted in the Income-tax Rules, in this behalf, are indicated below : Instructions have been issued to the Assessing Officers that the amended provisions relating to tax deduction at source are implemented in such a manner that they do not cause any hardship or inconvenience to the members of public. The taxpayers and others are advised to approach the tax authorities for issue of certificates of non-deduction or deduction of tax at a lower rate, as the case may be, who in turn, have been directed that : (i) an application received for non-deduction of tax or deduction of tax at a lower rate should be disposed of at the earliest ; (ii) the requisite forms of declaration to the payer or for issue of certificate of non-deduction of tax or deduction of tax at lower rate, etc., should be made available in the Income-tax Offices, bank counters, post offices, UTI counters, etc. ; and (iii) the grievances, if any, relating to the implementation of provisions of tax deduction at source should be redressed promptly. If a person has any difficulty in the matter, he may approach the Chief Commissioner of Income-tax concerned for redressal of the grievance. If necessary, he may also approach Director (Hqrs.), Central Board of Direct Taxes, North Block, New Delhi-110 001. Yours faithfully, (Sd.) K. G. Bansal Director (TPL).