Sale of goods act

There is no definition in regard of goods
in Income tax act.

But in sale of goods act 1930 there is a definition of goods.

As per sale of goods act 1930 , shares include in goods.

So , my question - is tds u/s 194 Q , is applicable to purchase of preference shares ?
Replies (5)
Quick Summary
This discussion clarifies the applicability of TDS under Section 194Q for the purchase of preference shares. While the Income Tax Act lacks a definition for 'goods', the Sale of Goods Act 1930 includes shares within this definition. However, central government guidelines suggest Section 194Q is not applicable to transactions in securities carried through recognised stock exchanges. The query specifically addresses a parent company purchasing shares from its holding company outside of stock exchange control, questioning if TDS is applicable in this scenario.

GUIDELINES BY CENTRAL GOVT VIDE CIRCULAR NO-13 OF 2021

 TRANSACTIONS CARRIED THROUGH EXCHANGES

Section-194Q Not Applicable Where

  •  Transactions In Securities & Commodities Through Recognised Stock Exchanges Or Cleared And Settled By Recognised Stock Exchanges.
  •  Transactions In Electricity, Renewable Energy Certificates & Energy Saving Certificates Traded Through Power Exchanges Registered In Accordance With Regulation 21 Of CERC


Preference shares not purchase from or controlled by stock exchange. A parent company purchase shares from his holding company, by resolution passed.
Is tds 194 Q applicable. Is shares treated as Goods.

Yes, applicable.                    

No. TDS not applicable for the shares purchase.
Not Applicable - reason

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