Circular no. 14/2020
Room no. 147B-II , North Block,
New Delhi, dated 20th July, 2020
Room no. 147B-II , North Block,
New Delhi, dated 20th July, 2020
section 194N of the Income-tax Act, 1961 (the Act) prior to its amendment by Finance
Act, 2020 (FA, 2020)-Reg.
Section 194N of the Act as inserted by Finance (No.2) Act 2019 provided for
deduction of tax at source on payment made by a banking company, a cooperative society
engaged in the business of banking or post office, in cash to a recipient exceeding Rs. I crore
in aggregate during a financial year from one or more account maintained by such recipient.
Clause (v) of proviso to the said section had empowered the Central Government, in
consultation with the Reserve Bank of India (RBI), to exempt by way of notification in
Official Gazette, persons or class of persons so that payments made to such persons or class
of persons shall not be subjected to TDS under this section. Accordingly, in exercise of the
said power, Central Government has issued three notifications which are as under:
deduction of tax at source on payment made by a banking company, a cooperative society
engaged in the business of banking or post office, in cash to a recipient exceeding Rs. I crore
in aggregate during a financial year from one or more account maintained by such recipient.
Clause (v) of proviso to the said section had empowered the Central Government, in
consultation with the Reserve Bank of India (RBI), to exempt by way of notification in
Official Gazette, persons or class of persons so that payments made to such persons or class
of persons shall not be subjected to TDS under this section. Accordingly, in exercise of the
said power, Central Government has issued three notifications which are as under:
(a) Notification 68 of 2019 dated 18.09.2019: Cash Replenishment Agencies (CRAs) and
franchise agents of White Label Automated Teller Machine Operators (WLATMOs)
for the purpose of replenishing cash in ATMs operated by these entities subject to
conditions mentioned in the said notification
franchise agents of White Label Automated Teller Machine Operators (WLATMOs)
for the purpose of replenishing cash in ATMs operated by these entities subject to
conditions mentioned in the said notification
(b) Notification 70 of 2019 dated 20.09.2019: Commission agent or trader operating
under Agriculture Produce market Committee (APMC) and registered under any law
relating to Agriculture Produce Market of the concerned State have been exempted
subject to conditions specified in the said notification
under Agriculture Produce market Committee (APMC) and registered under any law
relating to Agriculture Produce Market of the concerned State have been exempted
subject to conditions specified in the said notification
(c) Notification 80 of 2019 dated 15.10.2019: the authorized dealer and its franchise
agent and sub-agent and Full Fledged Money Changer (FFMC) licensed by the
Reserve Bank of India and its franchise agent for the purposes oj,-
agent and sub-agent and Full Fledged Money Changer (FFMC) licensed by the
Reserve Bank of India and its franchise agent for the purposes oj,-
(i) Purchase of foreign currency from foreign tourists or non-residents visiting
India or from resident Indians on their return to India, in cash as per the
directions or guidelines issued by Reserve bank of India; or
India or from resident Indians on their return to India, in cash as per the
directions or guidelines issued by Reserve bank of India; or
(ii) Disbursement of inward remillances to the recipient benefiCiaries in India in
cash under Money Transfer Service Scheme (MFSS) of the Reserve Bank of
India; and subject to the conditions specified in the said notification.
cash under Money Transfer Service Scheme (MFSS) of the Reserve Bank of
India; and subject to the conditions specified in the said notification.
2. Section 194N of the Act was amended by the Finance Act, 2020 (the FA, 2020) in
order to make the provisions of the said section more stringent for non ITR filers. It is to note
"that the clause (v) of the proviso to section 194N prior to its amendment has now become
fourth proviso to the said section. Representations have been received seeking clarification
regarding the validity of the above mentioned notifications in light of the amendments carried
out by FA, 2020.
3. The matter has been examined by the Board and it is hereby clarified that the above
mentioned three notifications shall be deemed to be issued under fourth proviso to section
194N as amended by the FA, 2020. It is further reiterated that the exemption allowed under
the said notifications shall be subject to the conditions laid down therein.
Source: https://www.incometaxindia.gov.in
order to make the provisions of the said section more stringent for non ITR filers. It is to note
"that the clause (v) of the proviso to section 194N prior to its amendment has now become
fourth proviso to the said section. Representations have been received seeking clarification
regarding the validity of the above mentioned notifications in light of the amendments carried
out by FA, 2020.
3. The matter has been examined by the Board and it is hereby clarified that the above
mentioned three notifications shall be deemed to be issued under fourth proviso to section
194N as amended by the FA, 2020. It is further reiterated that the exemption allowed under
the said notifications shall be subject to the conditions laid down therein.
Source: https://www.incometaxindia.gov.in
