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Query on tds

Annapareeddy siva rami reddy (MBA) (56 Points)

06 January 2016

Is company liable to deduct TDS when interest paid to bank

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8 Replies

Ankit Taprania (CA FINAL ) (542 Points)
Replied 06 January 2016

NO , not required to deduct TDS.

no provison covers it.

Kumar Purohit (Articled Assistant) (653 Points)
Replied 06 January 2016

For payment of interest to bank no tds is required to be deducted but in case of payment of interest to NBFC tds is required to be deducted

Kumar Purohit (Articled Assistant) (653 Points)
Replied 06 January 2016

For payment of interest to bank no tds is required to be deducted but in case of payment of interest to NBFC tds is required to be deducted

PARAS CHHAJED (CA Practice ) (952 Points)
Replied 07 January 2016

No. Any payment of interest by any person to any Bank is exempt from deduction of income tax at source. You may refer s. 194A(3)(iii) of Income Tax Act, 1961.

Mihir (Chartered Accountant) (42 Points)
Replied 07 January 2016

Yes, I do agree with the above comments. Deduction of TDS on payment provided to bank is not covered under the ambit.

Ankur Singhal (CA Practice) (4470 Points)
Replied 07 January 2016

Dear

No TDS to be deducted on the interest paid to bank.

CA Hariprasad Nayak (Chartered Accountant) (221 Points)
Replied 07 January 2016

The provisions of Section 194A which govern the withholding of taxes from interest payments. Section 194A(3)(iii) of the Act provides that no withholding is required to be done from interest payments to banking companies to which the Banking Regulation Act, 1949 applies.

NBFC stands for Non Banking Finance Company, which phrase is not covered by exemptions listed in Section 194A(3)(iii). Therefore, TDS applies for any payment made to NBFCs by way of interest.

However, word of caution is that all the above provisions are applicable only to RESIDENTs. There are many banks operating in India which are NON-RESIDENT for tax purposes- payment to which are not covered by 194A but by Sec 195. Any payment to non-residents which is chargeable to tax in India are subject to withholding according to the provisions of that section. Therefore, TDS is applicable if you are paying interest to any foreign banks.

Having said that, no withholding is required if the payee foreign bank produces a certificate referred to in Section 197 of the Act for NIL deduction or non-deduction.

Hope the above was useful.