SECTION 194A – INTEREST OTHER THAN “INTEREST ON SECURITIES”

  1. Clarifications regarding sections 194A, 194C, 194J and 194K, as amended/inserted by the Finance Act, 1995

The Finance Act, 1995, has enlarged the ambit of deduction of tax at source by amending sections 194A and 194C of the Income-tax Act, 1961, and by inserting sections 194J and 194K in the Act. As a result of these changes, deduction of tax at source is also required to be made from :—

(i)   payments of Rs. 20,000 and above made by way of fees for professional and technical services;

(ii)   payments in pursuance of contracts of Rs. 20,000 and above for advertising, broadcasting, telecasting, transport of goods and passengers and catering;

(iii)   payments of interest of Rs. 10,000 and above on Time Deposits with a bank branch; and

(iv)   income of Rs. 10,000 and above from units of Mutual Funds or of the Unit Trust of India.

The changes are likely to affect a large number of persons some of whom may not have taxable income. Persons having income below taxable limit may apply to the Assessing Officers for issue of certificates for non-deduction of tax. There may also be cases where assessees may apply for deduction of tax at a lower rate. Provision has also been made for making suo motu declarations to the payers for non-deduction of tax from interest on time depos­its and income in respect of units.

  1. In pursuance of the aforesaid new provisions, necessary amend­ments in the Rules and Statutory Forms have been carried out. These rules/forms primarily pertain to deduction of tax at lower rate, non-deduction of tax, filing of declaration by a person to the payer, payment of tax to the Government by the deductors, and filing of annual returns, etc. The details of forms amended or inserted in the Income-tax Rules, in this behalf, are indicated below :—
Sl. No. Form No. Subject Remarks
1. 13 Application by a person for a certificate under section 197(1) for no deduction of tax or  deduction at lower rates. Amended to include income  in respect of units.
2. 15AA Certificate by the Assessing  Officer under section 197(1) – do –
3. 15H Declaration under section 197A- (1A) for claiming receipt  of  interest  other  than  “interest on  securities” and income in respect of units. Amended to include income  in respect of units.
4. 16A Certificate of deduction of tax at source under section 203 Amended to include fees for professional or technical services and income in respect of units.
5. 26 Annual return of deduction of  tax from dividends/income in  respect of units under section 206. Amended to include income  in respect of units.
6. 26K Annual return of deduction of  tax from fees for professional or technical services under section 206. Inserted in view of section 194J.
  1. Instructions have been issued to the Assessing Officers that the amended provisions relating to tax deduction at source are implemented in such a manner that they do not cause any hardships or inconvenience to the members of public. The taxpayers and others are advised to approach the tax authorities for issue of certificates of non-deduction or deduction of tax at a lower rate, as the case may be, who in turn, have been directed that :

(i)   an application received for non-deduction of tax or deduction of tax at a lower rate should be disposed off at the earliest;

(ii)   the requisite forms of declaration to the payer or for issue of certificate of non-deduction of tax or deduction of tax at lower rate, etc., should be made available in the income-tax offices, bank counters, post offices, UTI counters, etc.; and

(iii)   the grievances, if any, relating to the implemen­tation of provisions of tax deduction at source should be re­dressed promptly.

  1. If a person has any difficulty in the matter, he may approach the Chief Commissioner of Income-tax concerned for redressal of the grievance. If necessary, he may also approach Director (Hqrs.), Central Board of Direct Taxes, North Block, New Delhi-110001.

Circular : No. 716, dated 9-8-1995.

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Category : Income Tax (24909)
Type : Circulars (7452) Notifications/Circulars (29855)

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