New TDS Return in 26QD for TDS u/s 194M and Certificate in Form 16D Notified by CBDT

By | November 20, 2019
(Last Updated On: November 20, 2019)

The CBDT has notified Form no. 26QD (challan-cum statement) for deposit of tax deducted at source (TDS) as per the provisions of section 194M.

Section 194M provides for levy of TDS, at the rate of 5% on the sum paid or credited, to a resident, in a year on account of contractual work, commission, brokerage or professional fees, by an individual or a HUF, if aggregate of such sum exceeds Rs. 50 lakhs in a year.

Time of Payment of TDS u/s 194M : Any sum deducted under section 194M shall be paid to the credit of the Central Government within a period of thirty days from the end of the month in which the deduction is made and shall be accompanied by a challan-cumstatement in Form No. 26QD

Similarly Form No 26Q and 27Q has been amended for Section 194N i.e Payment in Excess of Rs 1 Lakh in Cash

MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 18th November, 2019
INCOME-TAX

G.S.R.858(E).In exercise of the powers conferred by section 295 read with section 194M and 194N of the Income- tax Act, 1961, the Central Board of Direct Taxes, hereby, makes the following rules further to amend the
Income-tax Rules, 1962, namely:-

1. Short title and commencement.- (1) These rules may be called the Income-tax (14th Amendment) Rules, 2019.
(2) They shall come into force from the date of their publication in the Official Gazette.

2. In the Income-tax Rules, 1962 (hereinafter referred to as the principal rules), in rule 30, –
(a) after sub-rule (2B), the following sub-rule shall be inserted, namely:-
“ (2C) Notwithstanding anything contained in sub-rule (1) or sub-rule (2), any sum deducted under
section 194M shall be paid to the credit of the Central Government within a period of thirty days from the end of the month in which the deduction is made and shall be accompanied by a challan-cumstatement in Form No. 26QD.”;
(b) after sub-rule (6B), the following sub-rule shall be inserted, namely:—
“(6C) Where tax deducted is to be deposited accompanied by a challan-cum-statement in Form
No.26QD, the amount of tax so deducted shall be deposited to the credit of the Central Government by remitting it electronically within the time specified in sub-rule (2C) into the Reserve Bank of India or the State Bank of India or any authorised bank.”.

3. In the principal rules, in rule 31, after sub-rule (3B), the following sub-rule shall be inserted , namely:— ”
“(3C) Notwithstanding anything contained in sub-rule (1) or sub-rule (2) or sub-rule (3), every
person responsible for deduction of tax under section 194M shall furnish the certificate of
deduction of tax at source in Form No.16D to the payee within fifteen days from the due date
for furnishing the challan-cum-statement in Form No.26QD under rule 31A after generating
and downloading the same from the web portal specified by the Principal Director General of
Income-tax (Systems) or the Director General of Income-tax (Systems) or the person
authorised by him.”

4. In the principal rules, in rule 31A, in sub-rule (4), after clause (viii) the following clause shall be inserted, namely:—
“(ix) furnish particulars of amount paid or credited on which tax was not deducted in view of the exemption provided in clause (iii) or clause (iv) of the proviso to section 194N or in view of the notification issued under clause (v) of the proviso to section 194N.”

5. In the principal rules in rule 31A, after sub-rule(4B), the following sub-rule shall be inserted, namely: –
“(4C) Notwithstanding anything contained in sub-rule (1) or sub-rule (2) or sub-rule (3) or sub-rule (4), every person responsible for deduction of tax under section 194M shall furnish to the Principal Director General of Income-tax (Systems) or Director General of Income-tax (System) or the person authorised by the Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems) a challan-cum statement in Form No.26QD electronically in accordance with the procedures, formats and standards specified under sub-rule (5) within thirty days from the end of the month in which the deduction is made.”

6. In the principal rules, in Appendix II —
(a) after Form No.16C, the following Form shall be inserted, namely: —

Form No. 16D

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