Indepth Analysis of Section 194R - Deduction of tax on benefit or perquisite in respect of business or profession.

Hello everyone this is CA Kuldeep Sancheti, Today we are going to analyse one section which is section 194 R. but before proceeding let us go through the language written in the provisions:

194R. Deduction of tax on benefit or perquisite in respect of business or profession.

(1) Any person responsible for providing to a resident, any benefit or perquisite, whether convertible into money or not, arising from business or the exercise of a profession, by such resident, shall, before providing such benefit or perquisite, as the case may be, to such resident, ensure that tax has been deducted in respect of such benefit or perquisite at the rate of ten per cent of the value or aggregate of value of such benefit or perquisite: Provided that in a case where the benefit or perquisite, as the case may be, is wholly in kind or partly in cash and partly in kind but such part in cash is not sufficient to meet the liability of deduction of tax in respect of whole of such benefit or perquisite, the person responsible for providing such benefit or perquisite shall, before releasing the benefit or perquisite, ensure that tax required to be deducted has been paid in respect of the benefit or perquisite:

Provided further that the provisions of this section shall not apply in case of a resident where the value or aggregate of value of the benefit or perquisite provided or likely to be provided to such resident during the financial year does not exceed twenty thousand rupees: Provided also that the provisions of this section shall not apply to a person being an individual or a Hindu undivided family, whose total sales, gross receipts or turnover does not exceed one crore rupees in case of business or fifty lakh rupees in case of profession, during the financial year immediately preceding the financial year in which such benefit or perquisite, as the case may be, is provided by such person.

(2) If any difficulty arises in giving effect to the provisions of this section, the Board may, with the previous approval of the Central Government, issue guidelines for the purpose of removing the difficulty.

(3) Every guideline issued by the Board under sub-section (2) shall, as soon as may be after it is issued, be laid before each House of Parliament, and shall be binding on the income-tax authorities and on the person providing any such benefit or perquisite.

Explanation.—For the purposes of this section, the expression "person responsible for providing" means the person providing such benefit or perquisite, or in case of a company, the company itself including the principal officer thereof.]

Note

• Ins. by the Act No. 06 of 2022, w.e.f. 1-7-2022 29. and

• See rules 30, 31, 31A, 31ACB, 37BA and 114-I;

• Form Nos. 16A, 24G, 26A, 26AS, 26B, 26Q, 27A & 27Q.

ANALYSIS:

As given above in simple and short, this section covers every organisation which crosses the perscribed threshold is mandetorily required to deduct TDS on the value of perquisites or benefit offered

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