Partner
63 Points
Joined January 2014
As per para 6 of Circular 619 dt.04.12.1991, commission taken by the consignee from out of the monies due to the consigner is considered as a constructive payment of commission by the consignor to consignee and therefore tax has to be deducted at source by the consignor.
Since the consignor will always be a receiver of money from the consignee,the compliance of tds obligation under such circumstances can be made only by debiting the consignor and crediting tds payable and on remmittance of tds recover seperately from the consignor tds remmitted by forwarding the paid challan or on quarterly basis after keying in e-tds return.
This circular will equally apply to tds on interest included in EMI. The details of interest and pricipal portion of each installment of EMI is furnished by the Financier at the time of the first installment itself so that the person availing the loan can ascertain well in advance the interest portion included in each EMI for purposes of remmitting tds.
However, in the case of Hire Purchase Contracts, the CBDT vide its Instruction No.1425 dt. 16.11.1981 has clarified that 194A will not be applicable to EMI in relation to a Hire Purchase Contract for the reasoning that the EMI paid by the Contractor cannot be characterised as interest within the meaning of Section 2(28A) of the Income Tax Act,1961.
Scan of Instruction 1425 dt.16.11.1981 is annexed.
https://www.incometaxindia.gov.in/_layouts/15/dit/Pages/viewer.aspx?path=https://www.incometaxindia.gov.in/communications/circular/910110000000000852.htm&grp=&searchFilter=&k=&IsDlg=0