The Union Budget of 2019 introduced Section 194N of the Income Tax Act, imposing a TDS on cash withdrawals beyond Rs. 1 crore. The Government of India (GOI) took this step to promote digital payments and reduce the usage of paper money. After Budget 2020, the threshold limit was further reduced to Rs. 20 lakh for taxpayers who had not filed income tax returns for the last three years. Now, let us examine the provisions and exceptions of Section 194N in more detail.
Section 194N levies TDS (Tax Deducted at Source) at a rate of 2% for TDS on cash withdrawals over the threshold limit of Rs. 1 crore. The TDS is applicable on the excess amount over the threshold limit withdrawn in the previous financial year.
Section 194N is applicable at a rate of 2% only when the person filing it has filed ITR (income tax returns) for the previous three years. If they have not filed ITR, a 2% rate is applicable for withdrawals over Rs. 20 lakh and 5% for withdrawals over Rs. 1 crore.
Finance Minister Nirmala Sitharaman introduced Section 194N in Union Budget 2019 primarily to discourage cash payments. This is mainly applicable for TDS (Tax Deducted at Source) on cash withdrawals that exceed Rs. 1 crore.
Finance ministry, in Union Budget 2020, reduced the TDS limit under Section 194N to Rs. 20 lakh for taxpayers who haven’t filed ITR for the previous 3 years. IT Department will deduct tax at the prescribed rate if the taxpayer withdraws cash exceeding Rs. 20 lakh.
Any person responsible for paying a sum or aggregate of sums over the specified limit must deduct 2% of the sum from the recipient’s account.
The following entities have to make the deduction from the recipient’s authorised account.
The following tax-paying entities are liable to pay this income tax:
Given below are the advantages of TDS deduction under this particular section:
TDS is not applicable u/s 194N for withdrawals made by the following entities:
The Income Tax department deducts TDS at 2% on cash withdrawals exceeding Rs. 20 lakh. IT department will deduct TDS at 5% for cash withdrawals that exceed Rs. 1 crore. Both the rates are applicable if the person withdrawing cash has not filed Income Tax Returns for the preceding 3 assessment years.
Given below are important points associated with Section 194N of ITA:
Now, if a taxpayer issues a bearer cheque exceeding Rs. 1 crore, the account holder or taxpayer is not the recipient of the cash, someone else is.
It is unclear whether payers will have to deduct tax from the account holder concerning the cheque issued to the third person.
There is a lack of clarity on whether Section 194N of ITA will cover such payments or not. This is an important limitation associated with this particular section.
The case study below illustrates the steps to calculate TDS u/s 194N:
Suppose Anuj has withdrawn the following amounts during the financial year 2020-2021 and has not filed Income Tax Returns for 2017-2018, 2018-2019 and 2019-2020. Now, the due date for filing ITR has expired.
The table below shows the tax to be deducted:
|Date||Withdrawal Amount||Aggregate Amount Withdrawn to the Given Date||TDS Rate||Calculation||Tax to be Deducted|
|02/04/2020||Rs. 15 lakh||Rs. 15 lakh||NA||NA||NA|
|22/07/2020||Rs. 25 lakh||Rs. 40 lakh||2%||(Rs. 40 lakh – Rs. 20 lakh) X 2%||Rs. 40,000|
|26/08/2020||Rs. 30 lakh||Rs. 70 lakh||2%||Rs. 30 lakh X 2%||Rs. 60,000|
|05/09/2020||Rs. 40 lakh||Rs 1.1 crore||2% and 5%||(Rs. 40 lakh X 2%) + (10 lakh X 5%)||Rs. 80,000 + Rs. 50,000 = Rs. 1,30,000|
|19/10/2020||Rs. 50 lakh||Rs. 1.6 Crore||5%||Rs. 50 lakh X 5%||Rs. 2,50,000|
Section 194N will apply if a taxpayer withdraws cash from accounts maintained in the same bank.
If Anuj had accounts with more than 2 banks and if he withdraws cash from all his bank accounts, it is the responsibility of the bank to deduct TDS as per the applicable rate.
Here are a few additional things you should be aware of:
Clause 84 of Finance Act 2020 amended Section 194N of ITA.
As per the amendment-
If the entity withdrawing money has not filed ITR for three years and the time limit to do so has also expired, a higher TDS rate is applicable. For this purpose, the expiry time limit is considered for three previous years prior to the withdrawal date. This means that if the date of ITR filing u/s 194N has not expired, it will not be considered for the assessment year.
For example, if you have made cash withdrawals on 31 August 2021, return filing compliance is checked for financial years 2017-18, 2018-19 and 2019-20. If you have filed ITR for any of these years, TDS is deducted at a 2% rate for a withdrawal sum of more than one crore rupee.
Tax is deducted by the payer when paying cash to the recipient from a bank or post office account. A 2% TDS on cash withdrawal is deducted in excess of Rs. 1 crore for those who have filed ITR at least once in the last 3 years. For those who have not, 2% TDS is applicable for withdrawals of Rs. 20 lakh and 5% if the sum exceeds Rs. 1 crore.
The following example will demonstrate how to find the TDS limit for taxpayers:
Mr Singh has made the following withdrawals during FY 2020-21. He has not filed ITR for FY 2017-18, FY 2018-19, and FY 2019-20.
|Date of Withdrawal||Amount Withdrawn||Aggregate Amount Withdrawn until Given Date|
|3 April 2020||Rs. 15 lakh||Rs. 15 lakh|
|19 June 2020||Rs. 50 lakh||Rs. 65 lakh|
|10 August 2020||Rs. 30 lakh||Rs. 95 lakh|
|15 September 2020||Rs. 45 lakh||Rs. 1.4 crore|
|20 November 2020||Rs. 60 lakh||Rs. 2 crore|
Here’s a tabular representation of the TDS applicable u/s 194N:
|Withdrawal Date||TDS Rate Applicable||Tax Computation||Tax to be Deducted|
|3 April 2020||2%||Nil||Nil|
|19 June 2020||2%||2% of (65-20 lakh)||Rs. 90,000|
|10 August 2020||2%||2% of (95-20 lakh)||Rs. 1.5 lakh|
|15 September 2020||2% and 5%||2% of Rs 5 lakh + 5% of Rs. 40 lakh||Rs. 2.1 lakh|
|20 November 2020||5%||5% of 60 lakh||Rs. 3 lakh|
Also Read: Best Tax-Saving Instruments In India
Section 194N of the Income Tax Act is a step taken to discourage cash payments in the country and promote digital payments. Tax-paying entities who regularly file income tax returns can still withdraw up to Rs. 1 crore in cash without a TDS deduction. However, if they own multiple accounts in different banks, they can withdraw more cash.
Ans: It is the responsibility of the post office to deduct TDS. They deduct TDS after making cash payments to an individual from their accounts. Post offices will deduct TDS at the rate of 2% if the amount exceeds Rs. 20 lakh and at the rate of 5% if the amount exceeds Rs. 1 crore.
Ans: The main objective behind Section 194N is to discourage high-value transactions in cash and pave the way for digital payments in the country. In addition, the Income Tax Department can easily access dates of high-value cash transactions, which will reduce tax evasion and circulation of black money.
Ans: No, payments made through bearer cheques are not included as expenditure under Section 40(A)(3) of the Income Tax Act. Any payment made above Rs. 10,000 per day via single or aggregate transactions is not included as business expenditure.
Ans: Joint accounts have the same requirements and TDS rate under Section 194N of the Income Tax Act, 1961. This means that joint account holders are equally responsible for the operation of an account and have a common limit.
Let us take the example of a husband and wife who have withdrawn Rs. 92 lakh from their joint account. If the husband wants to withdraw Rs. 15 lakhs, the full TDS rate will be applicable.
Ans: Yes, Section 194N is applicable to all individuals, whether they are residents or non-residents. This means that if an NRI withdraws over Rs. 1 crore in a financial year from their NRE account in India, the bank will deduct TDS u/s 194N.
Ans: The recipient cannot apply for a lower deduction certificate u/s 197 and cannot furnish Form 15G/15H. You can use these forms to request banks not to deduct TDS u/s 194A when your income is below the taxable limit.
This article is solely for educational purposes. Navi doesn't take any responsibility for the information or claims made in the blog.
|Section 145A||Section 80P||Section 92CD|
|Section 281||Section 32(2)||Section 270A|
|Section 1399||Section 192A||Section 11|
|Section 35AD||Section 80C||Section 32|
|Section 206AA||Section 92E||Section 9|
|Section 153||Section 10(10D)||Section 194DA|
|Section 10AA||Section 80GG||Section 80TTB|
|Section 80JJAA||Section 1940||Section 23B|
|Section 206AB||Section 44AB||Section 87A|
|Section 115JB||Section 154||Section 194D|
|Section 194J(1)(ba)||Sectio 80U||Section 194K|
|Section 56-59||Section 80TTA||Section 234C|
What is Form 26QB for TDS? How to Download and Submit it?While purchasing a property, buyers are liable to pay various taxes. The Finance Act, 2013 made TDS... Read More »
PF Withdrawal Rules 2023 – Rules, Documents Required and TypesEPF/PF Withdrawal Employees’ Provident Fund (abbreviated as EPF) is a popular retirement sav... Read More »
Stamp Duty and Property Registration Charges in Delhi 2023It is compulsory for property buyers in the Capital to pay stamp duty in Delhi during property regi... Read More »
Income Tax Return – Documents, Forms and How to File ITR Online AY 2023-24In India, it is mandatory for all taxpayers who earn more than the basic tax exemption limit to fil... Read More »
What is Section 80CCD – Deductions for National Pension Scheme and Atal Pension YojanaThe Income Tax Act provides a number of deductions and tax benefits to taxpayers, so they can strat... Read More »
Tax on Dividend Income: Sources, Tax Rate and TDS on dividend incomeWhat are Dividends? Companies may raise funds for running their operations by selling equity. Th... Read More »
Section 112A of Income Tax Act: Taxation on Long-Term Capital GainsWhat is Section 112A? Section 112A of the Income Tax Act was announced in Budget 2018 to replace... Read More »
Section 206AB of Income Tax Act: Eligibility And TDS RateSection 206AB was introduced in the Finance Bill 2021 as a new provision pertaining to higher deduc... Read More »
What is a Credit Note in GST – Example, Format and StepsA GST Credit Note is mandatory for any GST-registered supplier of goods or services. As a supplier,... Read More »
Exemptions and Deductions Under Section 10 of Income Tax ActWhat Is Section 10 of the Income Tax Act? Section 10 of the Income Tax Act, 1961 provides tax-sa... Read More »
Section 57 of the Income-tax Act – Income from Other SourcesIt is quite likely that many entities - individuals as well as businesses - have multiple sources o... Read More »