F.
No. 279/Misc/140/2015-ITJ
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
Circular
No. 23/2015
New
Delhi Dated- 28th December, 2015
Subject:
TDS under section 194A of the Act on interest on fixed deposit made on
direction of Courts-regd
Section
194A of Income Tax Act, 1961 (“the Act”) stipulates deductions of tax at source
(TDS) on interest other than interest on securities if the aggregate of amount
of such interest credited or paid to the account of the payee during the
financial year exceeds the specified amount .
2.
In the case of UCO Bank in Writ Petition No. 3563 of 2012
(available on NJRS at 2014) and CM No. 7517/2012 vide judgment
dated 11/11/2014, the Hon’ble Delhi High Court has held that the provisions of
section 194A do not apply to fixed deposits made in the name of Registrar
General of the Court on the directions of the Court during the pendency of
proceedings before the Court. In such cases, till the Court passes the
appropriate orders in the matter, it is not known who the beneficiary of the
fixed deposits will be. Amount and year of receipt is also unascertainable. The
Hon’ble High Court thus held that the person who is ultimately granted the
funds would be determined by orders that are passed subsequently. At that
stage, undisputedly, tax would be required to be deducted at source to the
credit of the recipient. The High Court has also quashed Circular No. 8 of 2011.
3.
The Board has accepted the aforesaid judgment. Accordingly, it is clarified
that interest on FDRs made in the name of Registrar General of the Court or the
depositor of the fund on the directions of the Court, will not be subject to
TDS till the matter is decided by the Court. However, once the Court decides
the ownership of the money lying in the fixed deposit, the provisions of
section 194A will apply to the recipient of the income.
4.
Accordingly, such issues may not be contested in appeal and pending litigation,
if any on the issue before various Courts/Tribunals may be withdrawn/not
pressed upon.
5.
This may be brought to the notice of all concerned.
(Ramanjit
Kaur Sethi)
DCIT (OSD) (IJT)
CBDT New Delhi
DCIT (OSD) (IJT)
CBDT New Delhi
