Calcutta High Court stays section 194N for TDS on cash withdrawal from bank

Calcutta High Court stays section 194N for TDS on cash withdrawal from bank

In the instant case, the petitioner had challenged the constitutional validity and legality of Section 194N of the Income Tax Act, 1961 which mandates the deduction of tax at source at the rate of 2% on cash withdrawals from, inter alia, a banking company exceeding Rs. 1 crore in a financial year.

The Section 194N was inserted by the Finance Act, 2019 and became effective from 1st September, 2019 and has been substituted by the Finance Act, 2020.

ABCAUS Case Law Citation
ABCAUS 3526 (2021) (07) HC

According to the Petitioner Section 194N of the said Act is beyond the legislative competence of the Parliament and Entry 82 of List I of Schedule VII to the Constitution allows the Parliament to enact laws for imposition, collection and levy of tax on “income” and the Parliament cannot legislate a provision stipulating the deduction of tax at source from an amount which is admittedly not income and such legislation would be beyond the legislative competence of the Parliament under Entry 82 of List I of Schedule VII of the Constitution.

It is notable that Hon’ble Kerala High Court on the same issue in the case of Kanan Devan Hills Plantations Company has also granted interim stay of deduction of tax on source under Section 194N of the Income Tax Act, 1961. The stay is still in operation as no appeal was made by the Income Tax Department against the said stay order.

In view of the above facts, the Calcutta High Court has granted an interim order restraining the respondents authorities concerned from deducting tax on source on the basis of the aforesaid provisions of Section 194N till 30th September, 2021.

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