Understanding Section 194C of the Income Tax Act, 1961

Section 194C states the rules of TDS deduction when any specified person pays a resident contractor for work carried out by them, including labour. 

 

For the purpose of deduction under this section, a specified person includes the following:

• Central/ State Government

• Local authority

• A corporation established under the Provincial, State, or Central Act

• Company or co-operative society

 

This also includes any entity constituted in the country for dealing in housing accommodation needs or for developing, improving, or planning villages or cities. 

Here are some important definitions that you need to know:

1. Work

To deduct TDS under Section 194C, the definition of work for which a payee can carry out the deduction includes:

• Carriage of passenger/ goods through transportation modes other than railways

• Broadcasting and telecasting, including the production of programs  

• Advertising

• Catering

• Supply or manufacturing per customer requisites, including material bought from the customer, not from others

2. Contractor

To deduct TDS under Section 194C, the resident contractor must perform specified work for any individual.

3. Sub-Contractor

A sub-contractor is a resident individual who gets into an agreement with the resident contractor to: 

• Carry out the entire or part of the work agreed upon by the contractor

• Supply manpower to the contractor for the entire or part of the work

Deduction under Section 194C of the Income Tax is applicable if: 

• Total amount of a single transaction exceeds ₹30,000

• Aggregate amount paid by any specified person to a contractor in a financial year exceeds ₹75,000

 

Given below is an example of when TDS under Section 194C is applicable:

It is important to note that Section 194C is not applicable in the cases mentioned below:

• If the single or aggregate amount does not exceed the limit

• When the work done for individuals or HUFs is of a personal nature

• If the payment is to a sub-contractor or contractor that is a non-resident

• When the contractor submits a declaration with their PAN

• When the contractor is in the business of plying, hiring, or leasing goods carriage and, in the previous year, owned fewer than 10 good carriages

Section 194C rates for TDS depends on to whom the payment is given to. Here is a breakdown of Section 194C TDS rates:

• If the payment is to individuals or HUFs, the deduction is at 1%

• If the payment is to entities other than individuals or HUFs, the deduction is at 2%

• If the payment is to a payee who has not furnished their PAN information, the deduction is at 20%

While deducting the TDS is crucial, it is equally essential to ensure that it is deposited on time. This can help you avoid any penalties. 

 

Given below is a table that depicts the time limit within which you should deposit the deducted TDS:

Now that you know Section 194C rates, and other provisions, ensure that you adhere to them to avoid the penalties. Remember to regularly check the rates and other details to ensure you do not miss any amendments to the terms and conditions.