Tds

This query is : Resolved

madhav (Querist)
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13 April 2010 if a company took loan from a private financial institution/private bank and paid instalment along with interest.
My doubt is...
1.is it necessary to deduct tds on the interest portion.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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13 April 2010 No tax is to be deducted at source in the following cases:

a. If the amount is paid or credited to:

I. A banking company to which the Banking Regulation Act 1949 applies.
II. Any financial corporation established by or under any Central, State or Provincial Act.
III. A co-operative society carrying on banking business.
IV. The Life Insurance Corporation of India.
V. The Unit Trust of India.
VI. Any company or co-operative society carrying on the business of insurance.
VII.Such other institutions that the Central Government may notify on this behalf.

b. Interest paid or credited by a partnership firm to its partners.

c. Interest paid by a co-operative society to its members or to another co-operative society.

d. Interest on deposits other than time deposits maintained with a banking company to which the Banking Regulation Act 1949 applies.

e. Interest on deposits with a primary agricultural credit society or a primary credit society or a co-operative land mortgage bank or a co-operative land development bank.

f. Interest on deposits other than time deposits maintained with a co-operative society carrying on banking business. (Other than the societies mentioned above).

g. Interest paid or credited by the Central Government under any provision of the Indian Income Tax Act, Wealth Tax Act, etc.

h. Interest on the compensation amount awarded by the Motor Accidents Claims Tribunal where the amount of such income or, as the case may be, the aggregate of the amounts of such income credited or paid during the financial year does not exceed fifty thousand rupees.

i. Interest paid or credited by an infrastructure capital company or infrastructure capital fund or a public sector company in relation to a zero coupon bond issued on or after the 1st day of June, 2005 by such company or fund or public sector company.