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Income Tax - Highlights / Catch Notes

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TDS u/s 194N - Constitutional validity of TDS on cash withdrawal ...


Court Upholds TDS on Large Bank Withdrawals, Promotes Transparency and Tax Compliance; Cooperative Societies Not Exempt.

March 5, 2024

Case Laws     Income Tax     HC

TDS u/s 194N - Constitutional validity of TDS on cash withdrawal from Bank exceeding a certain threshold - The High Court upheld the constitutionality of Section 194N, stating that the provision's aim to reduce cash transactions and encourage a transparent and accountable economy is laudable. The Court emphasized that Section 194N, as a machinery provision, does not levy a new tax but provides a mechanism for tax collection on transactions that could potentially escape the tax net. - The Court clarified that the nature of withdrawals and their taxability is a matter for assessment and cannot be predetermined. It rejected the argument that the amounts withdrawn by the cooperative societies did not constitute taxable income.

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