What Is Section 194G & Section 194H Under Income Tax Act?

In this part of our TDS series, we’ll touch Section 194G & Section 194H – 2 important tax deduction provisions which are as follows:

• TDS on Commission on Sale of Lottery Tickets: Section 194G
• TDS on Commission or Brokerage: Section 194H

Section 194G: TDS on Commission on Sale of Lottery Tickets

We bet, at-least once in your life you would’ve thought of buying a lottery ticket and waiting for a chance to win. Lottery tickets are an attractive way among many people throughout India to try their luck.
But you will be surprised to know that the ticket seller (or agent) who sell lottery tickets has to follow the provisions of the tax deduction. Wonder how? Let’s see how provisions of section 194G work.

As per section 194G, any person who pays an income by way of commission or remuneration or prize to a person who sells lottery tickets (also stock, distribute or purchase) is required to deduct TDS.

The rate of tax deduction u/s 194G is 5%. And the time of deduction is earlier of, the credit of income to the account of the payee (receiver) or actual payment (in cash, cheque, draft or other modes).
Also, no TDS is required to be deducted where the amount of such payment does not exceed Rs.15000.

Section 194H: TDS on Commission or Brokerage

Whenever we hear the term “commission” or “brokerage”, the first thing which comes to our mind is a salesman, walking door-to-door and selling products. And this in-turn helps him/her earn income in the form of commission.
This thinking is right (although not entirely but only to some extent) as commission or brokerage is not limited to a single dimension.

This simply means any payment (income) received by a person who is acting on behalf of another person for providing services (like buying or selling goods; entering into transactions relating to any asset, valuable article or thing excluding securities) is called as ‘commission’ or ‘brokerage’.

Anyone (but not an individual or HUF) who pays to a resident, an income by way of commission or brokerage is required to deduct tax at source.
It is important to note that, such commission will not include insurance commission which is liable to TDS u/s 194D.
Also, if an individual or HUF becomes liable to audit u/s 44AB (a) and (b) then they are also required to deduct tax u/s 194H.

The rate of tax deduction u/s 194H is 5%. And the time of deduction is earlier of, the credit of income to the account of the payee (receiver) or actual payment (in cash, cheque, draft or other modes).

• When the amount of payment made (at once or total during the whole financial year) does not exceed ?15000.
• Any brokerage or commission amount paid by BSNL/MTNL to their public call office franchisees.