Section 194N of Income Tax Act


In order to discourage cash transactions and move towards a cashless economy, a new Section 194N was inserted under Income-tax Act with effect from September 1, 2019, to provide for deduction of tax on cash withdrawals made by any person from his bank or post-office account..‘Section 194N – TDS on cash withdrawals over and above Rs 1 crore’ was introduced through the Finance Bill, 2019.

It is applicable on more than Rs 1 crore cash withdrawals during a financial year and is applied to the withdrawal of all the sums of money or an aggregate of sums from a particular payer in a financial year. The section serves the objective of eliminating large cash withdrawals from bank accounts and phasing out black money from India.

Who will deduct TDS u/s194N?

An individual or payer making the payment with cash will have to deduct TDS under Section 194N of the ITR filing Act. The list of such persons are as follows:

→ a banking company to which the Banking Regulation Act, 1949 (10 of 1949) applies (including any bank or banking institution referred to in section 51 of ITR filing Act);

→ A cooperative bank, or

→ A post office

Non Applicability to TDS on cash withdrawal u/s 194N 

TDS on cash withdrawal u/s 194N will not apply to withdrawals made by the following persons:

→ Central or state government

→ Private or public sector bank

→ Any cooperative bank

→ Post office

→ Business correspondent of any bank

→ White label ATM operator of any bank

→ The central government specified commission agents or traders operating under Agriculture

→ Produce Market Committee (APMC) for making payment to the farmers on account of purchase of agriculture produce

→ Authorized dealers and its franchise agent and sub-agent and Full-Fledged Money Changer → (FFMC) licenced by RBI and its franchise agents

→ Any other person notified by the Government in consultation with RBI

Rate of TDS u/s 194N

TDS will be deducted at a rate of 2% on cash withdrawals in excess of ₹ 1 crore if the person withdrawing the cash has done ITR filing for any or all three previous AYs.

Further, if the individual receiving the money has not done ITR filing for any of the preceding three AYs immediately preceding the year, the tax deduction limit is reduced to Rs 20 lakh. In that case, the TDS will be deducted at 2% on cash withdrawals/payments of more than ₹ 20 lakh and 5% for withdrawals exceeding ₹ 1 crore.

Applicability when the amount is withdrawn from different banks or different branches of the same bank

Case - When the amount is withdrawn from different branches of the same bank?

In this scenario, the limit of Rs 1 crore has to be seen for cash withdrawals made from all branches of a bank. Let's take an example

 

Dates

Branch

Amount

19.08.2020

Mumbai Branch

₹70 Lakhs

06.12.2020

Jaipur Branch

₹80 Lakhs

29.12.2020

Patna Branch

₹90 Lakhs

 

In this case, the bank shall deduct TDS on 06.12.2020 at the rate of 2% of ₹50,00,000/- i.e.₹1,00,000/- from the payment of ₹80,00,000/-.

Similarly, the bank shall deduct TDS on 29.12.2020 at the rate of 2% on ₹90,00,000/- i.e.₹1,80,000/- from the payment of ₹90,00,000/-.

Case - When the amount is withdrawn from different banks?

In this scenario, the cash withdrawals from two different banks shall not be aggregated for the limit of ₹ 1 Crore. Let's take an example 

Dates

Bank

Amount

15.07.2020

ICICI BANK

₹90 Lakhs

29.09.2020

PNB BANK

₹85 Lakhs

26.12.2020

BANK OF BARODA

₹69 Lakhs

In this case, neither of the banks is liable to deduct TDS under Section 194N of the ITR filing Act.

Final Words

The Government is continuously trying to transform the country into a cashless economy. Demonetisation and Digital India Campaign are two popular initiatives taken to reduce the usage of paper money. Similarly, the introduction of Section 194N in the ITR filing Act was to fulfil the same motive, i.e., promoting digital payments and discouraging cash transactions in the country. This objective of digital payments may be achieved with a proper automated system at the same time blocking the way for huge cash transactions. Also, the ITR filing tax department can easily access the data of huge cash transactions and further investigation into the matter related to the same.


SuperCa

Comments

Post a Comment

Popular posts from this blog

Best ways to register a sole proprietorship in India

Image
Starting a sole proprietorship business in India is fairly an easy affair. Sole Proprietorship is a “Single-Person Establishment” and is the most simple form of an entity with minimal compliance procedures. This type of business can be incorporated in fifteen days. Generally, the registration for a sole proprietorship is completely optional and it does not require any formal registration as such but to get tax benefits, people do register their firm as a sole proprietorship. Ways of registering a sole proprietorship Before going for sole proprietorship registration, you need to take care of some basic things. Firstly, you have to decide on a suitable business name and choose a suitable location as the designated place of doing your business. After this, Generating a current account is considered to be the groundwork for starting this business. A current account ensures safe payments in the proprietorship’s name. Let’s now understand how an individual can register for a sole proprie
Read more

List of Goods and Services Exemptions under GST Act

Image
  What is Exempt Supply Exempt supply under GST means supplies that do not attract goods and service tax. In these supplies, no GST is charged. Input tax credit paid on these supplies will not be able for utilisation. These are the following three types of supply which are considered exempt supply:- supplies which are chargeable to nil rate tax. supplies which are partially and wholly exempt from the charge of GST by the notifications which amended section 11 of CGST and section 6 IGST. supplies which come under sec 2(78) of the Act. which covers the supplies which are not taxable under the Act like alcoholic liquor for human consumption. Classification of Exemptions Supplier may be exempt — Exemption to the person making supplies-i.e supplier, regardless of the nature of outward supply. (Ex: Services by Securities and Exchange Board of India, Services by Charitable entities. Certain Supplies may  b e exempt –Certain supplies due to their nature and type are exempted from GST. All supp
Read more

Why is GST Return Important? Is it Necessary To File GST Returns Every Month?

Image
What GST Return Is? GST return is a document that contains all the details of sales, purchases, tax collected on sales, and tax paid on purchases. Once you file GST returns, you will need to pay the resulting tax liability i.e money that you owe the government. The details of sales and purchases of the goods and services plus the tax paid and collected have to be furnished by all registered individuals, traders, organizations, and companies. Such details are submitted by filing a GST Return and on this, the tax authorities calculate tax liability. The registered GST user will have to file the return, including purchases, sales, output GST, and input credit of GST. A registered user has to submit 4 forms to file their GST return: return for purchases, return for sale/supplies, monthly return, and annual return. Quarterly returns are to be submitted by those who have opted for the composition scheme. Importance of   GST Return filing All the Registered Dealers are required to file GST re
Read more