The Central Board of Direct Taxes (CBDT) today directed its field formation
to levy the highest penal rate of tax on TDS (tax deducted at source)
defaulters.

Following a sharp shortfall in revenue from TDS collection, the Income Tax
Department has launched a massive drive across the country to detect and
inquire into TDS payments of companies — especially on payments made and
salaries disbursed.

Tax searches have revealed that several small and medium scale companies,
deducted tax on various payments but failed to deposit the amount with the
department. In such cases, it has been decided by the board that the
departments can charge the highest level of penal rate of tax – that is 300
per cent.

Besides, the income tax department has disallowed all expenses incurred by
third party administrator companies (TPAs) across the board. The existing
practice is to deduct the expenses from the total earnings before arriving
at the taxable income.

Department officials said the decision to disallow the expenses have been
taken since they do not deduct tax while paying premium to the insurance
companies. The department has raised around Rs 117 crore in TDS amount from
six TPAs.

The disallowance of expenses comes under section 40I(a)(i) of the Income tax
Act 196 that is invoked for non payment of TDS. Officials said a similar
amount has been disallowed as deduction from income.

Searches have revealed that TPAs have not been deducting TDS on premium
payments, even though the CBDT had come out with a separate notification to
charge TDS on premium payments made by TPAs.

TPAs are third party administrators who processes insurance claims and
provides certain aspects of employee benefits for a separate entity.

While the CBDT has collected Rs 35,510 crore from TDS in the Mumbai region
this financial year (against total tax collections of Rs 98,550 crore), for
the same period last year they had recovered Rs 36,312 crore (from the total
regional collection of Rs 93,000 crore). The target for collection of TDS in
the current financial year for the region is Rs 58,000 crore. About 40 per
cent of Mumbai’s total tax collections are from TDS, and the region also
makes for the bulk of the all-India collections under this head.

Earlier, the department had conducted a survey of all major mobile telecom
companies, with the idea of taxing discounted cash cards sold to retailers.

Mobile companies sell cash cards to retailers at a discounted rate but then
these are sold to customers at the maximum retail rate, earning a profit.
“The companies should have deducted tax before selling cash cards to
retailers,” said an official.
Source :
http://www.business-standard.com/india/news/charge-maximum-penal-amounttds-defaulters-says-cbdt/388483/
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