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Tds

Lakshmi Muralidharan (Student) (119 Points)

06 January 2015

Should an individual who is assessable to income tax u/s 44AE liable to deduct TDS u/s 194A for payment of interest to NBFC. Even though the turnover exceeds 1 crore during the year the assessee is not liable for tax audit as number of trucks is less than 10.

Question is whether the assessee should deduct tax at source for interest payments to NBFCs?

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5 Replies

Arif Ali (Apt Co Advisory) (1230 Points)
Replied 07 January 2015

as mentioned by you it is not liable to tax audit u/s 44AB, then so it is not liable to deduct the TDS.

Individual is liable to deduct the TDS when it is covered under 44AB.

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Z ( ) (2960 Points)
Replied 07 January 2015

194A. 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 :

[Provided that an individual or a Hindu undivided family, whose total sales, gross receipts or turnover from the business or profession carried on by him exceed the monetary limits specified under clause (a) or clause (b) of section 44AB during the financial year immediately preceding the financial year in which such interest is credited or paid, shall be liable to deduct income-tax under this section.]

44AB. Every person,—

(a) carrying on business shall, if his total sales, turnover or gross receipts, as the case may be, in business exceed or exceeds [one crore rupees] in any previous year or

(b) carrying on profession shall, if his gross receipts in profession exceed twenty-five lakh rupees] in any [previous year; or

(c) carrying on the business shall, if the profits and gains from the business are deemed to be the profits and gains of such person under 24[section 44AE ] 25[or section 44BB orsection 44BBB], as the case may be, and he has claimed his income to be lower than the profits or gains so deemed to be the profits and gains of his business, as the case may be, in any [previous year; or]]

[(d) carrying on the business shall, if the profits and gains from the business are deemed to be the profits and gains of such person under section 44AD and he has claimed such income to be lower than the profits and gains so deemed to be the profits and gains of his business and his income exceeds the maximum amount which is not chargeable to income-tax in any previous year,]