This is with reference to the newly introduced TDS section 194LC in Finance Bill 2012
Question No:1 : Whether the foreign currency loan sourced outside India covers all type of borrowings like ECB, Working capital loan, Foreign Bank Credit and Loan from foreign Affiliate companies.
Question No: 2: Whether 194LC will applicable when foreign borrowings are received and repaid in INR.
Question No: 3: Which Central Government authority has to approve
a) CBDT
b) RBI
c) Ministry of Finance
For your reference section is reproduced below
'194LC. Income by way of interest from Indian company.—(1) Where any income by way of interest referred to in sub-section (2) is payable to a non-resident, not being a company or to a foreign company by a specified company, the person responsible for making the payment, 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 the income-tax thereon at the rate of five per cent.
(2) The interest referred to in sub-section (1) shall be the income by way of interest payable by the specified company,—
(i) in respect of monies borrowed by it at any time on or after the 1st day of July, 2012 but before the 1st day of July, 2015 in foreign currency, from a source outside India,—
(a) under a loan agreement; or
(b) by way of issue of long-term infrastructure bonds,
as approved by the Central Government in this behalf; and
(ii) to the extent to which such interest does not exceed the amount of interest calculated at the rate approved by the Central Government in this behalf, having regard to the terms of the loan or the bond and its repayment.
Explanation.—For the purpose of this section—
(a) "foreign currency" shall have the meaning assigned to it in clause (m) of section 2 of the Foreign Exchange Management Act, 1999 (42 of 1999);
(b) "specified company" means an Indian company.
Please clarify my queries.
Thanks
Venkatesh
CAclubindia
