TDS on perquisites 194 R:CBDT clarifies One-Time Settlement of Bank Loans would not attract Tax,


Circular link:

https://www.incometaxindia.gov.in/communications/circular/circular-no-18-2022.pdf


 CBDT today has issued another circular No 18 dated 13th September , 2022 to further clarify issues arising on deduction of tax at source under newly inserted section 194-R in respect of benefits or perquisites provided to residents in cash or in kind in the course of business or profession.  Now bank and financial Institutions need not deduct tax at source in respect of benefits provided to its borrowers by waiver of loan or advance by way of one time settlement.

 

 Similarly a company in which public is substantially interested need not deduct tax at source while issuing bonus or right shares . The implication of this clarification will be that a company in which a public is not substantially interested will be required to deduct tax at source while issuing bonus/ right shares despite such receipt of bonus / right shares being not taxable in the hands of the shareholders. The reasoning given in this circular for exempting a company in which public is substantially interested from deduction of tax at source while issuing bonus / right shares equally applies to a private company in which public is not substantially interested .

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