Double charging of TDS for bank FD a/c (cumulative interest mode)
Will you kindly help this old retired man by supplying the relevant circulars of CBDT on tds deduction by banks for fixed deposit a/cs on cumulative interest mode
whether for a fixed deposit a/c (cumulative interest mode) in which yearly accrued interest is shown and tds thereby is yearly deducted by bank and also interest and related tds is shown by customer while filing income tax returns.but again at the time of maturity bank is deducting tds on the maturity amount.whether this is proper .even highest officials of bank are not replying to my question
the tds charged on yearly basis are listed below.please be kind enough to opine in view of the fact a total tds of rs 4956 was deducted on accrual basis as described in case history.thus a total tds of rs 5992(charged at the time of maturity)+rs 4956= rs 10948 was deducted.actually total interest paid is maturity amount of rs 152279-rs 100000=rs 52279.10 or 10.3%(maxm) is rs 5385.therefore total tds charged for an interest amount of rs 52279 is rs 10948(how ?).i have submitted a valid permanent account number card (pan) to the bank.
please note that originally i have made a fd a/c at sbi branch,lake town,kolkata with a sum of rs 100000 on 25/05/2009, maturity date-25/05/2014 with rate of interest 8.5%.(cumulative interest basis).maturity value was rs 152279.after this a/c got matured on 25/05/2014 i renewed it for 2 years 11 months with interest payment on quarterly basis at a roi of 9.25% with a base value of 146287.as per bank officials then tds of an amount of rs 152279 minus rs 146287 =rs 5992 was then deducted),
it may be kindly noted as follows.
interest accrued and tds deducted for the said a/c for five years before maturity for the mentioned a/c is detailed below
year interest accrued tds deducted
2009-10 rs 7402 rs 741
2010-11 rs 9369 rs 937
2011-12 rs 10130 rs 1013
2012-13 rs 10894 rs 1090
2013-14 rs 11774 rs 1175
total interest=rs 49569 total tds=rs 4956(a)
year 2013-14 means up to 31/03/2014.however fd a/c matured on 25/05/14 .original invested amount was rs 100000.maturity amount was rs 152279.total interest of rs 52279 was paid for this a/c.considering 10.3% tax tds(bank norms of 10%tds) should be rs 52279 x 10.3%=rs 5385(b) of which a total tds of rs 4956 was periodically deposited to it dept by bank(as shown above)in 5 years.in addition at the time of maturity a further sum of rs 5992 was deducted as tds,which means a total tds of rs 5992+rs 4956= rs 10948 was deducted.actually tds deducted at the time of maturity should be (b)-(a)ie rs 5385-rs 4955=rs 430 only
main points that have been raised by me
1)under section 194a of the income-tax act. it is natural that banks will deduct tax on accrual basis. but if they again deduct at the time of maturity, then it is wrong. if there is deduction at the time of accrual, only the left over portion is deducted at maturity.this is true when for maturity fd rolls over into the next year. bank cannot deduct more than 10% tds overall.
2)banks provide for interst annually as accrued and deposit the tds annually on the basis of interest given.this interest is not actually paid yearly to the customer.in this particular case apart from yearly deducting tds they also levied tds at the time of maturity on maturity amount(even more) and the amount given on maturity is less than what it should be.actually it is a case of double tds charged
3)banks deduct tds on interest income when it is accrued and not when the fd matures.so if we have a fd for 3 years – banks shall deduct tds at the end of each year on the basis of acrued interest
4)interest on fixed deposits are calculated annually or on a cumulative basis. however, the same fd is taxed on an accrual basis,althoughthis interest is not actually paid yearly to the customer . thus, the timeline on reception of the interest on fd isn’t a factor for tax to be imposed upon it. we will have to pay the corresponding tax at the end of the financial year, and even in situations when the interest isn’t taxable, it must be displayed on our it returns.
5)tds deduction is mandatory but maximum deduction is 10%.
therefore conclusion should be during maturity no further tds should be deducted except for the left over portion is deducted at maturity.this is true when for maturity fd rolls over into the next year(after march )
in this particular case a fd a/c was opened at one sbi branch.apart from regularly deducting tds on accrual basis,again have imposed tds on total maturity value.
Asked 3 years ago in Income Tax from Kokata, West Bengal
In your case, there is excess deduction of tax at source by deducting tax again at the time of repayment without giving credit for tax already deducted and remitted. The total TDS cannot exceed 10.3%.
The interest is accounted for on accrual basis by the bank and TDS is thus on accrual basis. However, as an individual, not subject to tax audit, you can account for interest either on accrual or cash basis.
You can offer income on accrual basis as per 26AS and claim credit for TDS in the same year of deduction. In this process, there will not be mismatch between 26AS and your return.
You also have an option to carry forward the claim for TDS as per 26AS to the next year and claim TDS only in the year in which you are offering interest to tax.
Sir as per your questions I answer one by one
1. Yes the Bank is wrong by deduction TDS on payment basis when they have already deducted on Accrual Basis. Bank need to deduct only once @ 10%.
2. The accrued Interest portion after TDS will be reinvested/ cumulative every year and on maturity you will get the total amount invested along with interest amount accrued.
3. yes bank shall deduct TDS every year on accrual Basis.
4. You need to show interest in your returns every year since TDS is deducted.
5. TDS rate is 10%.
As per my view you need to ask Bank as their software takes care of the said amount and TDS
Your question is very long it may not be dealt with by email.
Are you interested in solution or you wish to litigate the matter.
Best course is to file the return for the last year, claim the t d s
excess deducted and offer the income for the interest accrued during the year and obtain the refund and forget the matter.
otherwise, you may file an RTI application with the bank, obtain the confirmation that they have doubly deducted the income tax in the last year. On receiving the confirmation pursue the RTI to logical conclusion of recovering the interest from the bank. The bank cannot refuse to reply under RTI Act.
It is true that it is a bankers mistake and needs rectification. Regarding circular it will take me longer to reply. But section 194A clearly provides that tds should be made when interest payment in a financial year exceeds RS 10,000 and @ 10% of such interest payment. we dont need any circular, section 194A itself specifies these provisions.