Provisions applicable to TDS on interest on securities and TDS on other interest – Section 193 and 194A

Ruchi Gandhi

31 Jan, 2020

The Income Tax Act provides for a system of tax deduction at the time of generation of income by an assessee. Such tax is deducted by the payer at the time of origination of income in the hands of the payee, and is remitted by the payer to the Central Government on behalf of the payee. Tax deducted at source (or TDS) is levied at a predetermined rate. This article strives to put across TDS mechanism in respect of two major payments, namely TDS on interest on securities and TDS on interest other than securities.

TDS on interest on securities – Section 193

Section 193 is specifically concerned with provisions relating to TDS on interest on securities. If a person pays any income by way of interest on securities to a resident, it attracts the applicability of Section 193. Such TDS is to be deducted by every payer who is responsible for paying interest on securities to a resident. The provisions are not applicable where interest on securities is paid to a non-resident, which is driven separately by Section 195.

TDS on interest on securities under Section 193 is deducted @ 10% where payee furnishes his PAN details. Otherwise, TDS is levied @ 20%. This 10% rate is applicable both in the case of domestic companies and resident non-corporate assessees.

Some cases where TDS will not be deducted under this section are:

If the payee provides a self-declaration in Form 15G/15H to the payer to the effect that his income falls below the exemption limit; when the payee has obtained a certificate from the Assessing Officer for no deduction or lower deduction of tax; interest on 4.25% National Defense Bonds 1972; interest on 4.25% National Defense Loan 1968, interest on 4.75% National Defense Loan 1972; interest on National Development Bonds; interest on 7-year National Savings Certificates; interest on securities of Central Government or State Government, etc.

For interest on debentures issued by a company, TDS under Section 193 is not deducted if payment is within the threshold limit as follows:

Furthermore, for interest on 8% Savings (Taxable) Bonds 2003 and 7.75% Savings (Taxable) Bonds 2018, TDS on interest on securities under Section 193 is not deducted if payment is within the threshold limit of Rs. 10,000.

TDS on interest other than interest on securities – Section 194A

Tax is deducted under Section 194A of the Income Tax Act if any interest (not being interest on securities) is given to a resident. Such interest may include interest paid on an unsecured loan, interest paid on fixed deposits with banks, interest paid on loans and advances, etc. Payments of interest made to a non-resident are dealt with under a separate section (Section 195).

Such TDS is to be deducted by every payer (other than an individual or HUF) who is responsible for paying interest other than on securities to a resident. However, individuals or HUF will also be liable to deduct TDS if their accounts were required to be audited under Section 44AB in the previous FY.

No TDS is to be deducted if the amount of interest payment to the payee during a financial year does not exceed the following limits:

Some cases where TDS will not be deducted under this section are:

If the resident individual (payee) furnishes a self-declaration in Form 15G/15H to the payer to the effect that his income falls below the exemption limit; when the payee has obtained a certificate from the Assessing Officer for no deduction or lower deduction of tax; interest credited or paid by a firm to its partners; interest paid to any banking company; interest paid to any financial corporation; interest paid to the Life Insurance Corporation of India; interest paid to the Unit Trust of India; interest paid to any company or co-operative society carrying on the business of insurance, etc.

TDS under Section 194A is deducted @ 10% where payee furnishes his PAN details. Otherwise, TDS is levied @ 20%.

Some common regulations

• Section 193 (TDS on interest on securities) and 194A (TDS on other interest) prescribe that TDS must be deducted at the time of payment or credit of interest amount, whichever is earlier.
• It is the responsibility of the payer to deposit TDS under Section 194A/193 to the credit of the Central Government, as shown below:

Takeaway

The Central Government has designated TDS to be employed as a tool to tax the income (partially or wholly) at the time when it is generated rather than at a later date. This indeed aids in minimization of tax evasion. TDS on interest on securities and TDS on other kinds of interest income are levied @10% by virtue of Sections 193 and 194A of the Income Tax Act.