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By Ventura Research Team 3 min Read
TDS Deduction Rules in India
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Tax Deducted at Source (TDS) is a mechanism under the Income Tax Act that ensures tax is collected at the time income is paid, rather than later at the time of filing returns. It helps the government receive tax revenue throughout the year and makes it easier to track taxable income.

What is TDS?

TDS stands for Tax Deducted at Source. It means a person making specified payments must deduct tax from the payment and deposit it with the government.

  • The person deducting TDS is called the Deductor
  • The person receiving the payment is called the Deductee

The deductee receives the net amount (after TDS), but the gross income is considered for tax calculation. The TDS amount deducted is reflected in the deductee’s PAN and is adjusted against their final tax liability. If total TDS exceeds final tax payable, the excess is refunded after filing the Income Tax Return (ITR).

Applicability of TDS

TDS applies when:

  • untickedA specified payment is made such as salary, rent, interest, commission, contract payments, professional fees, etc.
  • untickedThe payment exceeds the threshold limit prescribed under the law.

Key rules:

  • If the total payment does not exceed the threshold limit for that section, no TDS is required.
  • If the payee submits Form 15G/15H declaring income below the taxable limit, TDS may not be deducted (subject to rules).
  • Different payments have different rates and thresholds.

To know the exact rate and limit, deductors must refer to the relevant TDS rate chart under the Income Tax Act.

Example of TDS Deduction

A company, Dine Pvt. Ltd., pays monthly office rent of ₹80,000.

  • Applicable section: 194I (Rent)
  • TDS rate: 10%

TDS = ₹80,000 × 10% = ₹8,000
Net payment to owner = ₹72,000

The owner will:

  • Show ₹80,000 as income
  • Claim credit of ₹8,000 TDS while filing ITR

TDS Due Dates for Deposits

TDS deducted must be deposited to the government on or before the 7th of the next month.

Examples:

  • TDS deducted in June - deposit by July 7th 
  • TDS deducted in March - deposit by May 31st
  • In case of property purchase (194-IA) - deposit within 30 days from end of the month of deduction

Delay attracts interest and penalties.

TDS Return Filing Due Dates

TDS returns are filed quarterly. Here are the due dates:

QuarterPeriodDue Date
Q1Apr–JunJuly 31 
Q2Jul–SepOct 31
Q3Oct–DecJan 31
Q4Jan–MarMay 31

How to Deposit TDS Online

TDS payments must be made through the Income Tax Portal using the TAN login.

Steps:

  1. Visit the Income Tax Portal
  2. Click on e-Pay Tax
  3. Make the payment using net banking/other modes

The older OLTAS system has been fully migrated to the new e-Pay Tax system.

Types of TDS Returns (Forms)

Different forms apply for different types of payments:

FormApplicable ForDue Dates
24QSalary paymentsQuarterly on July 31, Oct 31, Jan 31, May 31
26QNon-salary payments to residentsSame dates as above
27QPayments to non-residents (except salary)Same dates as above
26QBTDS on property purchaseWithin 30 days from the end of the month
26QCTDS on rent under 194-IBWithin 30 days

Returns must include TAN, PAN of deductees, amount deducted, and nature of payment.

TDS Certificates

Deductors must issue TDS certificates to deductees as proof of tax deducted.

CertificateForFrequencyIssue Deadline
Form 16SalaryYearlyMay 31
Form 16ANon-salary paymentsQuarterly15 days after the return due date
Form 16BSale of propertyPer transaction15 days after filing 26QB
Form 16CRent under 194-IBPer transaction15 days after filing 26QC

TDS Credit in Form 26AS

Form 26AS is a consolidated statement showing:

  • All TDS deducted
  • Tax deposited against your PAN
  • Advance/self-assessment taxes paid

Tips:

  • Always verify whether a deductor has deposited TDS properly.
  • Ensure the correct PAN is shared to avoid credit issues.
  • Incorrect reporting can lead to mismatches and tax notices.

Penalty for Late Filing of TDS Returns

Under Section 234E:

  • ₹200 per day late fee applies for delayed TDS returns
  • The total fee cannot exceed the amount of TDS

The late fee must be paid before submitting the pending TDS return.

Difference Between TDS & Income Tax

BasisTDSIncome Tax
Collection TimeDuring paymentAfter total income calculation
Collected ByPayer (deductor)Taxpayer
PurposeAdvance tax collectionFinal tax liability
FilingDeductor files TDS returnsTaxpayer files ITR
ApplicabilitySpecified paymentsTotal annual income

Conclusion

TDS is an essential compliance mechanism for both individuals and businesses. Understanding TDS deduction rules helps:

  •  Avoid penalties and interest
  • Ensure correct tax credit in Form 26AS
  • Smooth filing of income tax returns
  • Maintain legal compliance

Deductors must check the applicable rate, threshold, due dates, and file returns on time, while deductees should verify their Form 26AS to claim correct TDS credit.

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