13 April 2009
Company X providing card swiping machines to various murchants and getting service charges for the same, all transactions are routed through card issuing bank and a settlement bank. Company X getting service charges from various merchants in turn Company X paying commissions to card issuing bank and settlement bank for their service. I need to know whether TDS need to be deducted while making such payments to banks.
Section **194A(3)** (I think you meant 194A(3)) actually **exempts TDS on interest payments by companies to banks** in certain cases, but **not on commissions or other payments**.
Hereโs the breakdown:
* **Section 194A** deals with TDS on **interest payments**. * **Section 194H** deals with TDS on **commission or brokerage**. * **Section 194J** covers professional fees and technical services (sometimes applicable depending on nature of service).
**In your case:**
* The payments made by Company X to the **card issuing bank and settlement bank are commissions**, not interest. * Therefore, **TDS under Section 194H (on commission) is applicable**. * Section 194A(3) exemption applies **only to interest payments**, so it does **NOT** exempt commission payments to banks.
**Conclusion:** Company X **must deduct TDS under Section 194H** on commission payments to the banks.
If you want, I can help with the exact rate and procedure. Would you like that?