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Issue ID: 109756
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TDS on Bank Gaurantee Commission

Date 20 Jan 2016
Replies0 Replies
Views 701 Views
TDS on commission payments: assess if bank guarantee commission attracts withholding based on payment characterisation and recipient status.
Whether withholding obligation arises on bank commission paid for issuing a guarantee to government bodies is the central question. The legal focus is on characterising the payment as commission versus a distinct banking fee, the recipient's status, and whether statutory withholding for commission receipts applies to such bank charges; analysis should consider contractual terms and documentary support to determine correct withholding treatment. (AI Summary)

Dear All,

We have issue a bank guarantee to government bodies and bank commission charges pay to bank ₹ 1.50 Lakh approx annualy.

Kindly advice that tds should be deduction or not in u/s 194H.

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