With the amendment in Finance Act, 2020 section 194N was amended by substituting 83A which imposes 2% TDS on withdrawal of sum exceeding Rs. 1 crore. This section has came into effect from 1 st July 2020.
Every person including –
(i) Individuals
(ii) HUF
(iii) Company
(iv) Partnership firms or LLP
(v) Local authorities
(vi) Any association of person(AOPS) or Body of Individuals(BOI)
(vii) Any other assesses
Withdraws cash in excess of Rs. 1 crore during a financial year attracts TDS under section 194N.
WHO IS RESPONSIBLE TO DEDUCT TDS UNDER THIS SECTION
The person (payer) who is making the cash payment of an aggregate of 1 core is responsible for deducting TDS under this section. This includes-
(i) Any bank covered under Banking Regulation Act, 1949
(ii) A co-operative society carrying on the business of banking
(iii) A post office
EXEMPTED PERSONS UNDER SECTION 194N OF THE ACT
No tax will be deducted if the amount is withdrawn from the following recipients-
(i) By central or state government
(ii) Banks
(iii) Co-operative societies
(iv) Post office(v) Banking correspondents
(vi) White label ATM operators
(vii) Any other person notified by the central government in consultation with RBI
RATE OF TDS
The payer will deduct TDS at the rate of 2% on case withdrawal on the amount in the excess of Rs. 1 crore. For example. if a person withdraws Rs. 1,00,50,000 then TDS will be charged @2% at Rs. 50000 i.e., 1000.
In case the person has failed to file the ITR for immediately 3 preceding financial year, the limit of tax deduction is 20 lakh
i) @2% on the amounts withdrawn from 20 lacs to Rs. 1 cr. And
ii) @ 5% in excess of withdrawal of Rs. 1 crore.
Author- Adv.Shivam Kumar
Legel and content Executive, Taxblock India Pvt. Ltd
Thank you very much