Doubt Section 24

As per section 24(b) if interest paid out of india Tds should be deducted on this payment otherwise deduction is not allowed.

Q- If an individual  who is a salary employee take loan from his friend who is NRI and paid interest on loan. Is he liable to deduct  tds whether he is comes under catagory of section 44AB or not.

Q2- He is liable to take TAN no only for this transaction if there is no other transaction on which Tds is applicable.

Thanx in advance to all my friends.

Replies (6)

Dear Babit,

Yes beacuse if you look at Sec 195, the exemption (44AB) from deduction of TDS like in other cases is not there....

So TDS shall be deducted & TAN if not having already then has to be applied for........(even if this is the sole transaction)

Dear Babit,


A person i.e. an individual cannot borrow money on interest from a person o/s india thru the automatic route i.e. prior approval of RBI is needed...

However, interest free freindly loans cannot be borrowed if under the presrcibed limit

 

So if there is payment of interest kindly ensure prior RBI approval has been taken on loan

Dear Nicky Sir all other condition is assumed to be satisfied

i have only query whether individual assesse is liable to deduct and pay tax on such payment.

Pl clearify.

Thanx for all your valuable comments dear friends

Babit, yes he is liable to deduct TDS.

Otherwise he cant claim deduction cos of section 25 which overrides section 24.

Amir has pretty well explained, i will just reiterate:

a) Sec 25 specifically disallows claiming interest if TDS has not been deducted and paid under Chapter XVII B i.e. section 195

b) Yes he is laible to take TAN

all of above are right.......... TDS is required to be deducted...........

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
09 September 2026
Semi Qualified CA / CA Inter - 2 Groups Cleared

Getmyca Consultant Pvt Ltd

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 28 September 2026
Junior Accountant

J S P M & Associates LLP

Pune

B.Com

View Details
Company
05 October 2026
Senior Accountant

Vision IT Peripherals Pvt Ltd

Mumbai

B.Com

View Details
Company
ARTICLESHIP 16 September 2026
CA Article Trainee

SR BAGAI & Co.

New Delhi

CA Inter

View Details
Company
20 September 2026
Semi Qualified CA

Navin & Associates

Mumbai

CA Inter

View Details
Company
16 September 2026
Internal Audit - Team Lead

Consulting & Beyond

Chennai

CA

View Details
Company
ARTICLESHIP 30 September 2026
CA Article Assistant

CA Suraj Garg & Associates

New Delhi

CA Final

View Details
Company
15 September 2026
Client-site CA associate

Aditya Muley and Co

Mumbai

CA

View Details