TDS on interest paid by banks on deposits of Co-op. Milk Federations, Educational Institutions, Charitable Trusts, trade unions, scientific research association, Local Authorities etc.
Provisions of TDS on interest u/s 194A(1) shall not apply in case of institutional depositors of the nature specified above under following circumstances:
- Interest paid /credited by Co-operative society (Bank) to any other co-operative society [Sec. 194A(3)(v)]
- Interest paid /credited to an entity whose income is unconditionally exempt under the Income Tax Act; [Circular 4/2002 dt. 16.07.02]
- Institution, association or body which the Central Govt. may notify in this behalf in the official Gazette; [Section 194A(3)(iii)(f)]
- In rest of the cases, on furnishing of certificate in form No. 13 [obtained from AO] by payee to the payer [S. 197 r.w. Rule 28 and Rule 28AB]
NOTE:
- Funds/ authorities/ Boards/bodies/institutions etc. whose income is unconditionally exempt under the Income-tax Act and who are statutorily not required to file return of income as per section 139 of the Income-tax Act are listed in CBDT Circular No. 18 of 2017 dt. 29.05.2017]
- Central Govt. Notified entities under section 194A(3)(iii)(f) of the Act: [Not. No. 170 dt. 22.10.70]
(i) any corporation established by a Central, State or Provincial Act;
(ii) any company in which all the shares are held (whether singly or taken together) by the Government or the Reserve Bank of India or a Corporation owned by that Bank; and
(iii) any undertaking or body, including a society registered under the Societies Registration Act, 1860 (21 of 1860), financed wholly by the Government.
CONCLUSION:
Thus, if the payee falls in any of the above categories (a) to (d) above read with notes, it shall not be liable for TDS on interest income from payer.
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