Tds on interest

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

26 March 2012 I am a commission agent and also a salaried person. I have given a loan of an amount of Rs. 1,60,000 @ 12% p.a. to a proprietorship firm.
I received an amount Rs. 19,200 as interest.
Is this amount subject to TDS being deducted. If yes, then who is liable to pay the TDS amount???

Yogesh Agarwal

Yogesh Agarwal (Expert)
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26 March 2012 This Interest would be subject to TDS and to be deducted by the Proprietorship firm provided his accounts were got audited in the P.Y.

Querist : Anonymous

Querist : Anonymous (Querist)

26 March 2012 thankyou Sir for your advice ...

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Yogesh Agarwal

Yogesh Agarwal (Expert)
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26 March 2012 Your welcome...

C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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29 March 2012
Section 194A. INTEREST OTHER THAN "INTEREST ON SECURITIES".

(1) Any person, not being an individual or a Hindu undivided family, who is responsible for paying to a resident any income by way of interest other than income by way of interest on securities, shall, at the time of credit of such income to the account of the payee or at the time of payment thereof in cash or by issue of a cheque or draft or by any other mode, whichever is earlier, deduct income-tax thereon at the rates in force :

Explanation : For the purposes of this section, where any income by way of interest as aforesaid is credited to any account, whether called "Interest payable account" or "Suspense account" or by any other name, in the books of account of the person liable to pay such income, such crediting shall be deemed to be credit of such income to the account of the payee and the provisions of this section shall apply accordingly.

(3) The provisions of sub-section (1) shall not apply -

(i) Where the amount of such income or, as the case may be, the aggregate of the amounts of such income credited or paid or likely to be credited or paid during the financial year by the person referred to in sub-section (1) To the account of, or to, the payee, does not exceed two thousand five hundred rupees:

Provided that in respect of the income credited or paid in respect of - (a) Time deposits with a banking company to which the Banking Regulation Act, 1949 (10 of 1949) applies (including any bank or banking institution referred to in section 51 of that Act); or

(b) Time deposits with a co-operative society engaged in carrying on the business of banking;

(c) Deposits with a public company which is formed and registered in India with the main object of carrying on the business of providing long-term finance for construction or purchase of houses in India for residential purposes and which is for the time being approved by the Central Government for the purpose of clause (viii) of sub-section (1) of section 36 the provisions of this clause shall have effect as if for the words "two thousand five hundred rupees", the words "ten thousand rupees" had been substituted and the aforesaid amount shall be computed with reference to the income credited or paid by a branch of the banking company or the co-operative society or the public company, as the case may be;

(ii) To such income credited or paid before the 1st day of October, 1967;

(iii) To such income credited or paid to - (a) Any banking company to which the Banking Regulation Act, 1949 (10 of 1949), applies, or any co-operative society engaged in carrying on the business of banking (including a co-operative land mortgage bank), or

(b) Any financial corporation established by or under a Central, State or Provincial Act, or

(c) The Life Insurance Corporation of India established under the Life Insurance Corporation Act, 1956 (31 of 1956), or

(d) The Unit Trust of India established under the Unit Trust of India Act, 1963 (52 of 1963), or

(e) Any company or co-operative society carrying on the business of insurance, or

(f) Such other institution, association or body or class of institutions, associations or bodies which the Central Government may, for reasons to be recorded in writing, notify in this behalf in the Official Gazette;

(iv) To such income credited or paid by a firm to a partner of the firm;

(v) To such income credited or paid by a co-operative society to a member thereof or to any other co-operative society;

(vi) To such income credited or paid in respect of deposits under any scheme framed by the Central Government and notified by it in this behalf in the Official Gazette;

(vii) To such income credited or paid in respect of deposits (other than time deposits made on or after the 1st day of July, 1995) with a banking company to which the Banking Regulation Act, 1949 (10 of 1949), applies (including any bank or banking institution referred to in section 51 of that Act);

(viia) To such income credited or paid in respect of, - (a) Deposits with a primary agricultural credit society or a primary credit society or a co-operative land mortgage bank or a co-operative land development bank;
(b) Deposits (other than time deposits made on or after the 1st day of July, 1995) with a co-operative society, other than a co-operative society or bank referred to in sub-clause (a), engaged in carrying on the business of banking;

(viii) To such income credited or paid by the Central Government under any provisions of this Act, or the Indian Income-tax Act, 1922 (11 of 1922), or the Estate Duty Act, 1953 (34 of 1953), or the Wealth-tax Act, 1957 (27 of 1957), or the Gift-tax Act, 1958 (18 of 1958), or the Super Profits Tax Act, 1963 (14 of 1963), or the Companies (Profits) Surtax Act, 1964 (7 of 1964), or the Interest-tax Act, 1974 (45 of 1974).

Explanation : For the purposes of clauses (i), (vii) and (viia), "time deposits" means deposits (excluding recurring deposits) repayable on the expiry of fixed periods.

(4) The person responsible for making the payment referred to in sub-section (1) may, at the time of making any deduction, increase or reduce the amount to be deducted under this section for the purpose of adjusting any excess or deficiency arising out of any previous deduction or failure to deduct during the financial year.

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