TDS on Cash Withdrawal – Section 194N

TDS on Cash Withdrawal – Section 194N

Extract of Section 194N of Income tax Act, 1961 as amended by Finance Act (No. 2) 2019.

Payment of certain amounts in cash.

194N. Every person, being,—

(i) 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 that Act);

 (ii) a co-operative society engaged in carrying on the business of banking; or

(iii) a post office,

who is responsible for paying any sum, or, as the case may be, aggregate of sums, in cash, in excess of one crore rupees during the previous year, to any person (herein referred to as the recipient) from one or more accounts maintained by the recipient with it shall, at the time of payment of such sum, deducts an amount equal to two per cent of sum exceeding one crore rupees, as income-tax:

Provided that nothing contained in this sub-section shall apply to any payment made to,—

 (i) the Government;

(ii) any banking company or co-operative society engaged in carrying on the business of banking or a post office;

(iii) any business correspondent of a banking company or co-operative society engaged in carrying on the business of banking, in accordance with the guidelines issued in this regard by the Reserve Bank of India under the Reserve Bank of India Act, 1934 (2 of 1934);

(iv) any white label automated teller machine operator of a banking company or co-operative society engaged in carrying on the business of banking, in accordance with the authorisation issued by the Reserve Bank of India under the Payment and Settlement Systems Act, 2007 (51 of 2007);

 (v) such other person or class of persons, which the Central Government may, by notification in the Official Gazette, specify in consultation with the Reserve Bank of India.]

Important interpretations-

• It is applicable to payments in cash in excess of Rs 1 crore during a previous year ( 1st April to 31st March).
• TDS under 194N is applicable only if the aggregate of payments including this sum exceeds Rs 1 crore. For example, the aggregate payments made till the payment under consideration was Rs 95,00,000/- and the present payment is Rs 6,00,000. The aggregate payments so made are now Rs 1,01,00,000/- ie have crossed ceiling of Rs 1 crore during the relevant PY. Now TDS is applicable at 2% on Rs 1,00,000 ie Rs 2000 and here the recipient will receive Rs 5,98,000 only instead of Rs 6 lack from the bank though his bank account will be debited by Rs. 6 lack only.
• The recipient can claim this TDS while filing her ITR at the end of the year against her total tax liability.
• Ceiling of Rs. 1 crore is per account maintained by the recipient. For ex: If Shikha maintains 3 Saving Bank accounts in 3 banks then she can withdraw total upto Rs 1 crore for her each bank account without applicability of TDS u/s 194N. Somewhere, this provision dilutes the spirit behind the advent of sec 194N.
• Bank account can be a S.B. A/C, C.C. A/C, C.A. A/C etc.
• The “recipient” as being mentioned in the section can be an individual/a partnership firm/LLP/a company/BOI/AOP/HUF/Local authority.
• Persons being kept outside the definition of the recipient by the section should also be kept into mind.

Above TDS provision envisages to promote less cash economy along with widening and deepening the tax base.

So, next time you go to the bank for withdrawing cash from your bank account, keep above provisions into mind.