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Home Forum Income Tax Month 3 2012 2012 (3) This
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TDS on processing fees paid to bank - Income Tax

 
Issue Id: - 3930
Dated: -21-03-2012
By:- PARAMESWARAN K L
TDS on processing fees paid to bank

We are paying Proceesing fees to bank after sanction letter is issued but before disbursement. Loan is subject to payment of processing fees. whether tds will be attracted on such processing fees paid to bank.

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Dated: - 22-03-2012
By: - PRADEEP DUBEY

I think payment of processing fee will not attract tds.

Pradeep Dubey




Dated: - 22-03-2012
By: - MOHAN S

Mr.Parameswaran you ahve raised a very good point and this, in my view has not been so far tested anywhere. While the interest paid to banks is expressly excluded from TDS u/s 194A the processiong fee would not fall under 194A and Banks can not claim it as exempted. In my opinion "processing fees" will fall under Section 194J payment towards technical or professional services. The Government has notofied certain services u/s 194J as "Professional Services" but the banking services is not found there. It is a moot point if the payment will fall under Section 194C of the Income Tax Act. As there is no clarity on exemption it is suggested that the assessees are advised to deduct tax u/s 194J of the Income Tax Act to avoid any dispute late provided such "Processing Fees" exceed the threshold limit of Rs.30,000 as prescribed now. If it is below Rs.30,000 in any case tax need not be deucted. I invite all professionals to give their views.




Dated: - 23-03-2012
By: - RAMESH VENKATESAN

I will go with Mohan as logically, processing fees paid on business loans taken from Banks or other Financial Institutions can be considered for deduction of Tds u/s 194J.However  Tds  need not be deducted on processing fees paid for Housing loans as the fees will be capitalised with the cost of the house purchased. 




Dated: - 25-03-2012
By: - GOPALJI AGRAWAL

Since processing fee is covered under the meaning of interest as defined u/s 2(28A) of the IT Act  to my view hence it need no further explanation and no TDS provisions apply if paid to banks.




Dated: - 25-03-2012
By: - MOHAN S

Thanks Gopal ji. I did not see the definition of the term "interest' under the IT Act. Thanks for enlightening me. Now it is clear that TDS will not be applicable as Banking companies are exempt from TDS u/s 194A.




Dated: - 27-03-2012
By: - Surender Singhal

In my opinion processing charges are in the nature of interest and included in the definition of interest as stipulated u/s 2(28A) "interest" means interest payable in any manner in respect of any money borrowed or debt incurred (including deposit, claim or other similar rights or obligation) and included any service fee or other charge in respect  of the money borrowed or debt incurred or in respect of any credit facility which has not been utilised.

and there is no requirement to deduct TDS from payment of interest to any Bank.

 

Hope this will be useful to you.




Dated: - 14-05-2012
By: - Dinesh Sagade

If the Processing fees are paid to the NBFC, will it attract TDS u/s 194J




Dated: - 17-05-2012
By: - Surender Singhal

Yes as per section section 2(28A) interest includes processing fee, if interest payment made to NBFC is liable to deduction of tax at source, then same is the case with processing fee.




Dated: - 17-05-2012
By: - meil megha

On processing fees TDS will not attract as per Section 194A




Dated: - 18-05-2012
By: - Dinesh Sagade

As per Sec 194A if Interest (which includes Processing fees ) is paid to the banking company regulated by Banking Regulation act, it is exempt from TDS deduction ,but since the NBFCs are not governed by Banking Regulation Act, interest paid to NBFCs is subject to TDS deduction u/s 194A


 
 
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