Section 194N of Income Tax Act had been introduced in union budget 2019 for deduction of tax deducted at source (TDS) on cash withdrawal in excess of Rs. 1 crore.
After that budget 2020 has come with certain amendments under this section. It’s a new section of TDS introduced in budget. Along with this section 194M has also come into existence.
Now let’s understand in detail about
section 194N of Income Tax Act 1961.
What is Section 194N of Income Tax Act?
Section 194N applies to deduct TDS on cash
withdrawals of more than Rs. 1 crore during a financial year.
Following
can deduct TDS under this section:
- Any Bank (Public or Private)
- Post office
- A co-operative bank, can deduct TDS.
Means if an individual (payee) withdrew in
cash from bank (payer) in excess of Rs.1 Crore during the financial year then
bank has to deduct TDS of the excess amount over Rs. 1 Crore.
Now
point to be noted is that if the individual (payee) i.e. who is
withdrawing the amount in cash has not filed his income tax returns for last 3
years then the limit to deduct TDS for such persons reduced to Rs. 20 Lacs.
Means if a person withdraws in excess of
Rs. 20 lacs either from bank, co-operative bank or post office then TDS should
be deducted on excess amount of Rs. 20 lacs.
When section 194N will apply?
Section 194N of income tax act 1961 will
apply on withdrawals made by following assesse:
- An Individual
- A Hindu undivided family (HUF)
- A company
- A partnership firm or an limited liability partnership (LLP)
- An Association of Person (AOPs) or Body of Individual (BOIs)
- A Local authority
Following are the taxpayers on whom section
194N will not apply upon withdrawals made by:
- Government body
- Any Bank including co-operative banks
- Business correspondent of banking company including co-operative banks
- White label ATM operator of any bank including co-operative banks.
- Any other person notified by government
Who will have to deduct TDS under Section 194N?
Following are the payer, who has to deduct
TDS while making payment to the withdrawer (payee):
- Any Bank (Public or Private)
- Post office
- A co-operative bank
When to deduct TDS under section 194N?
Person to filling all the returns
TDS to be deducted by the payer (i.e.Bank),
when a person is withdrawing cash in excess of Rs. 1 crore during a financial
year.
Example: If Mr.
X withdrew from a Bank cash of amount Rs. 50 Lacs on 1-8-2020 then no TDS to be
deducted as the amount is less than Rs. 1 crore but if he again withdrew in the
same year, let’s say on 1-10-2020 an amount of Rs.75 Lacs then total withdraw
during a year is Rs. 50 Lacs + Rs. 75 Lacs = Rs. 125 Lacs which is excess of
Rs.1 Crore then TDS to be deducted on excess amount i.e. 25 lacs.
Person has not filled returns of last 3 years preceding the year of withdrawal:
In case person has not filled returns of
last 3 years then TDS to be deducted on withdrawals exceeds the amount of Rs.
20 lacs during the financial year.
Important Point:
While calculating the limit of withdraws
during the year, you do not have to consider the aggregate of your all accounts
in different banks. This limit is with respect to each bank or post office or
cooperative banks.
Example: If Mr. X has 4 bank accounts in different
banks and if filed all his income tax returns then the limit of Rs. 1 crore is
with respect to each bank i.e. Mr. X can withdrew total of Rs. 4 crore (i.e. 1
crore per bank).
And if A person taking different facilities
like saving account, current account etc. in same bank then aggregate of all
these have to be considered for limit.
What is the rate of TDS under Section 194N?
Person is filling all his returns
- Cash withdrawal upto Rs. 1crore = No TDS
- Cash withdrawal in excess of Rs.1 crore = TDS @ 2%
Person has not filed income tax returns of last 3 years preceding the year of withdrawal:
Cash withdrew:
- 20 lacs upto 1 crore = TDS @2%
- More than 1 crore = TDS @5%
- Section 194M: (TDS on Payment to Contractors and Professionals)
- New Income Tax Slab FY 2020-21 India vs old for Individuals, Senior Citizens
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- Deduction under Section 80G and 80GGA of Income Tax Act
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