TDS 194R & 194S

By Dr. V K Singhania

Introduction

The CBDT has introduced some new provisions in order to keep a check on tax revenue leakage. Section 194R, and 194 S have been added to Finance Act 2022. These are applicable from 1^st July 2022.

Basics of Section 194R 

• The framework of the new Section 194R applicable from 01-07-2022 
• What is envisaged within the meaning of benefit or perquisite? 
• Who will be treated as the provider of benefit or perquisite? 

Fundamental Issues in Section 194R 

• Is taxability of benefit or perquisite under Section 28(iv) mandatory for tax deduction under Section 194R? 
• Does Section 194R apply to monetary benefit or perquisite? 
• How to determine the nexus of benefit or perquisite with business or profession of deductee? 
• At what stage of delivery of benefit or perquisite, tax be deducted? 
• How is the value of benefit or perquisite to be determined? 
• Can the CBDT Circular be binding on issues that do not address the removal of difficulties but enlarge the scope of tax liability? 

Practical issues in Section 194R 

• Issues concerning computing the annual threshold limit of TDS of Rs. 20,000 
• Issues concerning TDS where benefit or perquisite is provided in-kind 
• Issues concerning reimbursement of business-related expenses 
• Liability for TDS in case of promotional schemes run by a business entity and goods provided to social media influencers for publicity 
• Liability for TDS in case of business conferences and similar events 
• Impact of Section 194R on various businesses, including Pharma, FMCG 
• Practical challenges in connection with deduction of tax under Section 194R 

194 S

Any person paying to any resident, any sum by way of consideration for transfer of virtual digital assets (VDA) TDS should be deducted.

TDS on payments other than salary

• TDS under sections 192A, 194, 194C, 194-I, 194-IA, 194-IB,194J, 194K, 194M, 194N, 194-O, 194P, 194Q, 194 R, 194S and 195. 
• Consequences of TDS defaults

Faculty