Large credit co-operative society with turnover of Rs. 50 Cr liable for TDS on payment of interest

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Large credit co-operative society with turnover of Rs. 50 Cr liable for TDS on payment of interest

 

 

Now, all credit co-operative societies with turnover rexceeding Rs. 50 Cr will be liable to do the TDS on payment of interest to any person. It may be noted that all society with turnover less than Rs. 50 Cr are not liable for TDS in respect of interest paid to its members. However, the large co-operative society are liable to do the TDS.

Section 194A which deals with TDS on interest makes all credit co-operative society shall be liable to deduct tax at source (TDS) if—

(a) the total sales, gross receipts or turnover of the co-operative society exceeds fifty crore rupees during the financial year immediately preceding the financial year in which the interest referred to in sub-section (1) is credited or paid; and

(b) the amount of interest, or the aggregate of the amounts of such interest, credited or paid, or is likely to be credited or paid, during the financial year is more than fifty thousand rupees in case of payee being a senior citizen and forty thousand rupees in any other case.

Some of the FAQ would be as under:

Query 1]

Whether the TDS will be applicable only if the interest receipt exceeds Rs. 50 Crore or it will also include other income like processing fees, loan form sale, and commission income?

Opinion:

For reckoning the limit of Rs. 50 Cr, other income will also need to be included (and not interest alone). In short, income like processing fees, loan form sale, commission income, etc  will also be required to be considered for reckoning the limit of Rs. 50 Cr.

 Query]

A society has sold a property. Whether the sale price of the property will also be required to be included for considering the limit of Rs. 50 Cr?

Opinion:

The word used is “total sales, gross receipts or turnover” which is referring to the amount of income nature & item of the credit side of profit and loss account. The sale consideration of the property will not be forming the part of credit side of P & L A/c and so it may not be relevant. However, the profit arising on sale of the property will form the part of credit side of P & L A/c and so it would be relevant for reckoning the limit of Rs. 50 Cr.

Query]

The turnover (interest, processing fee, commission etc) of our society in the last year 2019-20 was Rs. 42 Crore. In this FY 2020-21, it is likely to exceed Rs. 50 Cr in Feb-2021. Whether we will be required to do the TDS for the entire year or only after Feb-2021?

Opinion:

  1. The turnover of preceding year is relevant for recognizing the provision related to the TDS.
  2. You will not be required to do TDS in the FY 2020-21 as your turnover in the FY 2019-20 was below Rs. 50 Cr.
  3. If your turnover for FY 2020-21 exceeds Rs. 50 Cr then you will be required to do TDS for FY 2021-21 & not from the month in which turnover exceed Rs. 50 Cr.

 

Query]

If the turnover in FY 2019-20 was more than Rs. 50 Cr. But our turnover in the FY 2020-21 will be less than Rs. 50 Cr. Whether we will be required to do the TDS for this year?

Opinion:

  1. Since your turnover of preceding year is more than Rs. 50 Cr, you will be required do the TDS for FY 2020-21.
  2. If your turnover for FY 2020-21 is below Rs. 50 Cr then you will not be required do TDS in the FY 2021-22.
  3. Even if your turnover in the FY 2020-21 will be below Rs. 50 Cr, still you will be required do the TDS.

Query]

Whether TDS will be applicable even if the interest is paid to the regular member and not nominal member?

Opinion:

The distinction of regular member vis a vis nominal member is now done away in case of large credit co-operative societies. Entire interest payment exceeding Rs. 50,000/- or Rs. 40,000/- will be subject to TDS be it whether it is a regular member or a nominal member.

Query]

Is it not penalIsing the large credit co-operative societies vis a vis small credit co-operative societies.

Opinion:

Yes, it is discrimination. However, I believe it is a beginning. The scope of TDS U/s 194A will be extended to smaller credit societies also in the coming years.

Query]

Whether the depositors can give declaration in Form No. 15G/15H for getting interest without TDS?

Opinion:

Yes, the depositors can give declaration in Form No. 15G/15H for getting interest without TDS.

Query]

Whether the limit of Rs. 50,000/- is branch wise limit or society wise limit.

Opinion:

Yes, the threshold of Rs. 40,000/- or Rs. 50,000/- is a society wise limit. If a person has done FDR in different branches of the society, then the interest of all the branches will be required to be consolidated for considering the limit of Rs.  40,000/- or Rs. 50,000/-.

It means that the credit society would be required to generate the customer id for each customer and so if one person makes deposits in different branches of the society, then society must be able to get complete interest of that “one” person for reckoning the limit of Rs. Rs. 40,000/- or Rs. 50,000/-. All bank have the system like this where the interest payment by all the branches is consolidated for TDS compliances. Societies would also be required to upgrade their software to take care of this provisions.

Section 194A reads as under:

Interest other than “Interest on securities”.

194A. 48(1) Any person, not being an individual or a Hindu undivided family, who is responsible for paying to a resident any income by way of interest other than income by way of interest on securities, shall, at the time of credit of such income to the account of the payee or at the time of payment thereof in cash or by issue of a cheque or draft or by any other mode, whichever is earlier, deduct income-tax thereon at the rates in force :

Provided that an individual or a Hindu undivided family, whose total sales, gross receipts or turnover from the business or profession carried on by him exceed 49[one crore rupees in case of business or fifty lakh rupees in case of profession] during the financial year immediately preceding the financial year in which such interest is credited or paid, shall be liable to deduct income-tax under this section.]

Explanation.—For the purposes of this section, where any income by way of interest as aforesaid is credited to any account, whether called “Interest payable account” or “Suspense account” or by any other name, in the books of account of the person liable to pay such income, such crediting shall be deemed to be credit of such income to the account of the payee and the provisions of this section shall apply accordingly.

(2) [Omitted by the Finance Act, 1992, w.e.f. 1-6-1992.]

(3) The provisions of sub-section (1) shall not apply—

(i)  where the amount of such income or, as the case may be, the aggregate of the amounts of such income credited or paid or likely to be credited or paid during the financial year by the person referred to in sub-section (1) to the account of, or to, the payee, does not exceed—

(a)  50[forty] thousand rupees, where the payer is 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);

 (b)  50[forty] thousand rupees, where the payer is a co-operative society engaged in carrying on the business of banking;

 (c)  50[forty] thousand rupees, on any deposit with post office under any scheme framed by the Central Government and notified by it in this behalf; and

 (d)  five thousand rupees in any other case:

Provided that in respect of the income credited or paid in respect of—

 (a)  time deposits with 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); or

 (b)  time deposits with a co-operative society engaged in carrying on the business of banking;

 (c)  deposits with a public company which is formed and registered in India with the main object of carrying on the business of providing long-term finance for construction or purchase of houses in India for residential purposes and which is eligible for deduction under clause (viii) of sub-section (1) of section 36;

the aforesaid amount shall be computed with reference to the income credited or paid by a branch of the banking company or the co-operative society or the public company, as the case may be :

Provided further that the amount referred to in the first proviso shall be computed with reference to the income credited or paid by the banking company or the co-operative society or the public company, as the case may be, where such banking company or the co-operative society or the public company has adopted core banking solutions:

Provided also that in case of payee being a senior citizen, the provisions of sub-clause (a), sub-clause (b), and sub-clause (c) shall have effect as if for the words “51-52[forty] thousand rupees”, the words “fifty thousand rupees” had been substituted.

Explanation.—53[***]

(ii)  [***]

(iii) to such income credited or paid to—

 (a)  any banking company to which the Banking Regulation Act, 1949 (10 of 1949), applies, or any co-operative society engaged in carrying on the business of banking (including a co-operative land mortgage bank), or

 (b)  any financial corporation established by or under a Central, State or Provincial Act, or

 (c)  the Life Insurance Corporation of India established under the Life Insurance Corporation Act, 1956 (31 of 1956), or

 (d)  the Unit Trust of India established under the Unit Trust of India Act, 1963 (52 of 1963), or

 (e)  any company or co-operative society carrying on the business of insurance, or

 (f)  such other institution, association or body or class of institutions, associations or bodies which the Central Government may, for reasons to be recorded in writing, notify in this behalf in the Official Gazette:

54-55[Provided that no notification under this sub-clause shall be issued on or after the 1st day of April, 2020;]

(iv) to such income credited or paid by a firm to a partner of the firm;

(v) to such income credited or paid by a co-operative society (other than a co-operative bank) to a member thereof or to such income credited or paid by a co-operative society to any other co-operative society;

Explanation.—For the purposes of this clause, “co-operative bank” shall have the same meaning as assigned to it in Part V of the Banking Regulation Act, 1949 (10 of 1949);

(vi) to such income credited or paid in respect of deposits under any scheme framed by the Central Government and notified by it in this behalf in the Official Gazette;

(vii) to such income credited or paid in respect of deposits (other than time deposits made on or after the 1st day of July, 1995) with 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);

(viia) to such income credited or paid in respect of,—

 (a)  deposits with a primary agricultural credit society or a primary credit society or a co-operative land mortgage bank or a co-operative land development bank;

 (b)  deposits (other than time deposits made on or after the 1st day of July, 1995) with a co-operative society, other than a co-operative society or bank referred to in sub-clause (a), engaged in carrying on the business of banking;

(viii) to such income credited or paid by the Central Government under any provision of this Act or the Indian Income-tax Act, 1922 (11 of 1922), or the Estate Duty Act, 1953 (34 of 1953), or the Wealth-tax Act, 1957 (27 of 1957), or the Gift-tax Act, 1958 (18 of 1958), or the Super Profits Tax Act, 1963 (14 of 1963), or the Companies (Profits) Surtax Act, 1964 (7 of 1964), or the Interest-tax Act, 1974 (45 of 1974);

(ix) to such income credited by way of interest on the compensation amount awarded by the Motor Accidents Claims Tribunal;

(ixa) to such income paid by way of interest on the compensation amount awarded by the Motor Accidents Claims Tribunal where the amount of such income or, as the case may be, the aggregate of the amounts of such income paid during the financial year does not exceed fifty thousand rupees;

(x) to such income which is paid or payable by an infrastructure capital company or infrastructure capital fund or 56[infrastructure debt fund or] a public sector company or scheduled bank in relation to a zero coupon bond issued on or after the 1st day of June, 2005 by such company or fund or public sector company or scheduled bank;

(xi) to any income by way of interest referred to in clause (23FC) of section 10:

57[Provided that a co-operative society referred to in clause (v) or clause (viia) shall be liable to deduct income-tax in accordance with the provisions of sub-section (1), if—

(a) the total sales, gross receipts or turnover of the co-operative society exceeds fifty crore rupees during the financial year immediately preceding the financial year in which the interest referred to in sub-section (1) is credited or paid; and

(b) the amount of interest, or the aggregate of the amounts of such interest, credited or paid, or is likely to be credited or paid, during the financial year is more than fifty thousand rupees in case of payee being a senior citizen and forty thousand rupees in any other case.]

Explanation 1.—For the purposes of clauses (i), (vii) and (viia), “time deposits” means deposits (including recurring deposits) repayable on the expiry of fixed periods.

58[Explanation 2.—For the purposes of this sub-section, “senior citizen” means an individual resident in India who is of the age of sixty years or more at any time during the relevant previous year.]

(4) The person responsible for making the payment referred to in sub-section (1) may, at the time of making any deduction, increase or reduce the amount to be deducted under this section for the purpose of adjusting any excess or deficiency arising out of any previous deduction or failure to deduct during the financial year.

(5) The Central Government may, by notification in the Official Gazette, provide that the deduction of tax shall not be made or shall be made at such lower rate, from such payment to such person or class of persons, as may be specified in the said notification.

Explanation.—[Omitted by the Finance Act, 1992, w.e.f. 1-6-1992.]

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