Higher Rate of TDS/TCS for Non-Filers of Income Tax Return (1st July 2021)

Introduced by the Finance Act, 2021 to punish the one’s who are not filing Income tax Returns even though they are liable to file as per the act. The punishment will be by way of deduction of TDS at twice the rate than the rate mentioned in the act.

The onus of deducting TDS at a higher rate lies with the deductor on any amount paid to the “Specified Person”.

  • Person who has not filed the Income Tax Return (ITR) for 2 previous years before the Current Financial Year.
  • The time limit of ITR filing under sub-section (1) of Section 139 is expired;
  • The aggregate TDS or TCS is Rs. 50,000 or more in each of the 2 previous years.

The specified person shall not include a non-resident, who does not have a permanent establishment in India.

No higher deduction, in case the TDS is deducted as per the following Sections

  • 192 – TDS on Salary
  • 192A – TDS on Premature withdrawal from EPF
  • 194B – TDS on Lottery
  • 194BB – TDS on Horse Riding
  • 194LBC – TDS on Income in respect of investment in securitization trust
  • 194N – TDS on cash withdrawal in excess of Rs. 1 crore

Rate of Deduction:

Rate will be the highest of the following:

  • Twice the rate specified in the relevant provision of the Act; or
  • Twice the rate /rates in force; or
  • At the rate of 5%.
  • If PAN is not available, rate mentioned in Section 206AA.

Deductor to get the following as proof:

In order to check whether this Section be applicable for a deductee or not, the following can be obtained by the Deductor as proof:

  • Declaration on the letter head of the specified person that Return of Income has been filed as per the act, or
  • Get the ITR acknowledgement to check if the person has filed the ITR or not.

If the specified person does not furnish the declaration or required details, the TDS should be deducted at a higher rate as per the above Section.

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