Section 192 ITA 1961 mandates TDS on SALARY income to be deducted by:
Aonly Government (cf. Income Tax Act 1961, Section 192) (cf. Income Tax Act 1961, Section 192) (cf. Income Tax Act 1961, Section 192) (cf. Income Tax Act 1961, Section 192)
Bevery PERSON RESPONSIBLE for paying salary — including employer (private, government, public sector); deductible monthly based on average rate of tax applicable to estimated annual income
Conly foreign employers (cf. Income Tax Act 1961, Section 192) (cf. Income Tax Act 1961, Section 192) (cf. Income Tax Act 1961, Section 192) (cf. Income Tax Act 1961, Section 192)
Donly banks (cf. Income Tax Act 1961, Section 192) (cf. Income Tax Act 1961, Section 192) (cf. Income Tax Act 1961, Section 192) (cf. Income Tax Act 1961, Section 192)
Answer & Solution
Correct answer: B. every PERSON RESPONSIBLE for paying salary — including employer (private, government, public sector); deductible monthly based on average rate of tax applicable to estimated annual income
1. Section 192 Income Tax Act 1961: 'Any person responsible for paying any income chargeable under the head 'Salaries' shall, at the time of payment, deduct income-tax on the amount payable at the average rate of income-tax computed on the basis of the rates in force for the financial year in which the payment is made, on the estimated income of the assessee under this head for that financial year.'
2. AVERAGE RATE = Estimated tax liability / Estimated total salary.
3. Deduction MONTHLY based on annual projection.
4. Form 16 issued by employer summarising TDS.
5. Section 197: certificate for LOWER OR NIL TDS.
6. Section 197A: declaration by recipient (Form 15G/15H) for NIL TDS.
7. Hence option B is correct.
_Source: CS Executive Paper 4 Tax Laws (ICSI BoS) + Income Tax Act 1961 + CGST Act 2017 — Income Tax Act 1961, Section 192_
Related questions
Section 80GG ITA 1961 provides DEDUCTION for HOUSE RENT PAID by salary earners NOT receiviDOUBLE TAXATION AVOIDANCE AGREEMENT (DTAA) under Section 90 ITA 1961:Section 9 ITA 1961 prescribes when INCOME is DEEMED to ACCRUE OR ARISE in India for non-reSection 79 ITA 1961 restricts CARRY FORWARD of LOSSES of a COMPANY in case of CHANGE in BESections 73-75 CGST Act 2017 prescribe procedures for tax DEMANDS where TAX has been NOT PSection 5 IGST Act 2017 levies IGST on:Under Section 269ST ITA 1961, CASH RECEIPTS of Rs 2 LAKH or MORE from a single person in rThe DIRECT TAX VIVAD SE VISHWAS ACT 2020 was enacted to: