Tds on interest paid to india bulls(very urgent)
Naina Rawat (Article) (135 Points)
29 April 2016Naina Rawat (Article) (135 Points)
29 April 2016
CA PRASAD KSHIRSAGAR
(CA Practice )
(148 Points)
Replied 29 April 2016
The instant case is falling under section 194A of income tax act.It is necessary to deduct the TDS at the rate of 10% before making payment of interest. We have to fill the quarterly TDS return and also make sure that we upload the return on time. Subsequently, it is also necessary to make sure about the form no 16A the TDS certificate to be issued to the party from whom we have taken the loan.
Please check whether you have TAN number and then proceed with the process of deducting TDS and making rightful payment of the same.
Thank you.
CA Prasad Kshirsagar
ANKUR
(ARTICLE)
(44 Points)
Replied 29 April 2016
can you liab for beduct TDS if yes is necessary to deduct tax . If not then penalty can be levied on you.
CA MANISH SAXENA
(Partner)
(561 Points)
Replied 29 April 2016
Hi Naina,
Please let me know in your query WE includes what???? is it Indvidual of Company or Else?
sunny
(TAXATION)
(50 Points)
Replied 01 May 2016
It attracts section 194A as you are making payment to Non Banking Financial Co. (NBFC) and if it is a company than you have to deduct TDS..first of all you have to pay the entire Interest amount without deducting TDS and than u have to separately deposit Tds , file TDS return, Give form 16A to India bulls and say for refund for this TDS amount..its simple..
Vishal Goel
(Chartered Accountant)
(1688 Points)
Replied 03 May 2016
YES TDS is required to be deducted on interest paid to NBFCs u/s 194A of the income tax act.
Vishal Goel
(Chartered Accountant)
(1688 Points)
Replied 03 May 2016
Consequences if TDS is not done : 30% of expenditure made towards repayment of loan can be disallowed u/s 40(a)(ia). Also, TDS Assessing Officer can raise a demand u/s 201(1) of the income tax Act, 1961 and asked to pay the amount equivalent to TDS deductible on interest paid and interest thereof from your own sources. Therefore, TDS should be properly deducted on interest paid to the NBFCs.
Naina Rawat
(Article)
(135 Points)
Replied 03 May 2016
Manish sir , its individual and please let me know how can we save ourself from this if we dont want to deduct TDS.
CA MANISH SAXENA
(Partner)
(561 Points)
Replied 03 May 2016
HI Naina,
All above are correct but the provisions of section 194A shall be applicable to individuals/HUFs, whose total sales, turnover or gross receipts from the business/profession carried on by him/her exceed the monetary limits specified u/s 44AB during the financial year (FY) immediately preceding the FY in which the income is to be credited/paid. Monetary limit (at present) in case of business is turnover of Rs.1 crore and in case of profession, gross receipts of Rs.25 lacs.
Hence i believe you would not be required to dedcut the TDS.
Further you may write me at m10manish @ gmail.com
Thanks!
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