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    Act Rules Bills
    Recasting Tax Deduction at Source on Cross-Border Investment Income : Clause 393(2)[Table S. No. 13 ...
    Act Rules Bills
    Legal and Practical Implications for TDS on Offshore Fund Investments : Clause 393(2) [Table: S.No. ...
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    Changing Landscape of TDS on Payments to Non-Residents in Indian Tax Law : Clause 393(2)[Table: S.No...
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    Comprehensive Analysis of TDS on Virtual Digital Assets Transfer : Clause 393(1)[Table: S.No. 8(iv)]...
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Act Rules Bills
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Tax Deduction at Source clarifies withholding obligations on cross border bond and GDR payments to non residents, including DTAA interaction.
Clause 393(2) Table S. No. 13 and 14 requires withholding on payments to non residents of interest or dividends and long term capital gains from bonds and GDRs referred to in section 209, mandates deduction at the earlier of credit or payment by any person responsible for the payment, prescribes fixed concessional withholding rates, integrates general TDS machinery including declarations and higher deduction for missing PAN, and preserves DTAA relief and exceptions where income is not chargeable.
Act Rules Bills
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TDS on offshore fund income and capital gains: withholding at credit or payment, with higher exit withholding and treaty considerations.
Clause 393(2) requires any person paying income in respect of specified units or long term capital gains on transfer of such units to deduct tax at source at the prescribed rates at the time of credit or payment, without any monetary threshold; the provision cross refers to definitions in section 208, deems credits to suspense accounts as payment for TDS, and is subject to subsections dealing with exceptions, declarations and specified exclusions, while raising interpretative issues on definitions, treaty interaction, gross up obligations and transitional treatment compared with the prior Section 196B regime.
Act Rules Bills
Show AI Summary
Withholding tax on non-resident unit income: consolidation preserves treaty relief and UTI exemption under prescribed conditions.
Clause 393 consolidates TDS on income in respect of units paid to non-residents: Clause 393(2) requires deduction by any payer on units of specified mutual funds and specified companies paid to non-resident individuals and foreign companies at rates per Note 2 with DTAA benefits subject to prescribed documentation; Clause 393(4) exempts income on Unit Trust of India units payable to NRIs and non-resident HUFs subject to prescribed conditions and FEMA compliance, thereby retaining the legacy UTI carve-out while delegating exemption details to subordinate rules.
Act Rules Bills
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TDS exemption for specified public entities prevents withholding on interest, dividends and other income, simplifying payer compliance.
Clause 393(5) provides an overriding TDS exemption for payments to the Government, the Reserve Bank of India, statutorily tax exempt corporations established by or under a Central Act, and mutual funds specified in Schedule VII, covering interest, dividends (in respect of securities or shares owned by or in which they have full beneficial interest) and any other income accruing or arising to them, with the non obstante language ensuring the exemption prevails over other withholding obligations.
Act Rules Bills
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Grossing-up requirement preserves tax base where payer bears recipient's tax liability, altering TDS computation and compliance.
Clause 393(10) mandates a grossing-up requirement where the payer bears the recipient's tax: taxable income must be increased so that, after deduction of tax at the rates provided in the Chapter (including applicable surcharge and cess), the net amount equals the contractual payment. The clause applies to TDS payments under the Chapter except specified salary cases, covers residents and non residents, and requires use of the applicable DTAA rate when beneficial. Key practical issues include computation of add ons, allocation across composite payments, currency fluctuation effects, and contract drafting to evidence net of tax obligations.
Act Rules Bills
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TDS on payments to non-residents: a table-based framework modernizes withholding obligations and aligns rates with treaty benefits.
Clause 393(2) Table S.No.17 imposes a residuary TDS obligation on interest (excluding specified categories) and any other sum chargeable under the Act, excluding salaries, payable to non-residents or foreign companies; deduction is by "any person" at the earlier of credit or payment at the "rates in force," with treaty rates available subject to procedural compliance, and operates alongside exemptions, lower/nil deduction certificates, suspense-account deeming rules and grossing-up anti-avoidance provisions.
Act Rules Bills
Show AI Summary
TDS on partner payments: mandatory withholding on specified firm-to-partner payments with prescribed threshold and compliance duties.
Mandatory withholding applies to sums in the nature of salary, remuneration, commission, bonus or interest paid or credited (including to the capital account) by a firm to a partner, deductible at ten per cent at the earlier of credit or payment, with a per-partner annual threshold exemption and declaration-based non-deduction mechanisms; the firm bears the deduction obligation and normal TDS procedures apply.
Act Rules Bills
Show AI Summary
TDS on virtual digital assets imposes withholding obligations with targeted exemptions for small-value and small-taxpayer transfers.
The Bill requires withholding on any benefit or perquisite arising from business or profession whether cash or non-cash, obliges the provider to deduct tax and, if consideration is wholly or partly in kind with insufficient cash, to ensure tax payment before release. A parallel VDA withholding regime mandates deduction on transfers of virtual digital assets with specified exemptions for small-value transactions and small taxpayers, similar safeguards for non-cash consideration, and procedural rules addressing timing, aggregation and crediting for compliance.
Act Rules Bills
Show AI Summary
TDS on non-monetary benefits: providers must withhold tax on in-kind and indirect business advantages, affecting compliance and valuation.
Clause 393(1)[Table: S.No. 8(iv)] and section 194R require the provider of any benefit or perquisite arising from business or profession to deduct tax at source on the value or aggregate value of such benefits, covering cash and non-cash advantages, with specified thresholds and exemptions for smaller providers; the Bill consolidates this obligation, clarifies anti-overlap treatment with other TDS provisions, links timing of deduction to credit or payment, and preserves reliance on administrative guidance for valuation and operational issues.
Act Rules Bills
Show AI Summary
TDS on purchase of goods: buyer withholding required, with precedence rules to avoid overlap with other withholding provisions.
Clause 393(1)[Table: S.No. 8(ii)] imposes a TDS obligation on the buyer to deduct tax on purchases of goods from resident sellers once aggregate purchases from a seller in a financial year exceed the specified threshold, with deduction due at credit or payment, and a broad exclusionary clause preventing application where tax is deductible or collectible under any other provision of the Act.
Act Rules Bills
Show AI Summary
TDS on specified senior citizens centralises tax deduction at banks, relieving return filing when tax is correctly deducted at source.
Specified banks are required to compute a specified senior citizen's total income after allowing Chapter VIII deductions and rebate, deduct tax at rates in force with a nil threshold, and remit TDS; an express precedence clause ensures this provision overrides other TDS provisions. The mechanism centralises compliance with banks obtaining declarations, maintaining evidence and records, thereby relieving eligible senior citizens from return filing provided the bank correctly applies deductions and remits tax.
Act Rules Bills
Show AI Summary
TDS on e-commerce: operators must withhold on gross platform-facilitated sales, with a small-seller exemption on conditions.
E-commerce operators must withhold TDS on the gross amount of sales or services facilitated through their platforms, with withholding due at the earlier of credit or payment and including direct buyer payments as deemed payments by the operator. Deductions apply on a gross basis without netting fees, exclude operator receipts for unrelated services such as advertising, and take precedence over other TDS provisions. Individual and HUF participants with annual turnover below the legislated threshold who furnish PAN or Aadhaar are exempt from withholding.
Act Rules Bills
Show AI Summary
TDS on large cash withdrawals: deduction at payment with exemptions for banks and regulated intermediaries, non filer rule absent here.
Clause 393(3) requires banks, co operative societies engaged in banking and post offices to deduct two per cent TDS at the time of cash payment where aggregate withdrawals from one or more accounts of a recipient exceed prescribed thresholds, with a higher threshold for co operative societies; Clause 393(4) exempts payments to the Government, banks, post offices, regulated business correspondents and authorised white label ATM operators. The Bill mirrors the existing framework but, in the extracted text, omits an explicit non filer regime and express central government notification powers, creating potential operational and interpretive uncertainty.
Act Rules Bills
Show AI Summary
TDS on high-value payments by individuals/HUFs expands withholding obligations for contractual, professional and commission disbursements.
Clause 393(1)[Table: S.No. 6(ii)] requires TDS by individuals or HUFs (not otherwise liable under specified TDS entries) on payments to a resident for carrying out work (including supply of labour), fees for professional services, or commission/brokerage (excluding insurance commission) where aggregate payments to the payee in a tax year exceed a prescribed threshold; deduction is at the time of credit or payment and the clause is integrated into a tabular TDS framework necessitating aggregation, with definitions and certain procedural relaxations left to rules or guidance.
Act Rules Bills
Show AI Summary
TDS on interest for foreign borrowings consolidated under new clause, keeping concessional framework but raising definitional and transition issues.
Clause 393(2) consolidates concessional TDS treatment for interest to non residents on foreign currency borrowings, rupee denominated bonds and IFSC listed bonds, aligning mechanics and cut off windows with Section 194LC while differing in presentation and reliance on external definitions; Central Government approval remains a condition for specified instruments and drafting gaps on limits, definitions and transitional treatment may require subordinate rules to avoid interpretive disputes.
Act Rules Bills
Show AI Summary
TDS on securitisation trust distributions: uniform 10% for residents, treaty rates for non-residents, no threshold.
Clause 393 mandates TDS on distributions by a securitisation trust: Clause 393(1) imposes 10% TDS on any income paid to resident investors with no threshold, deducted at the earlier of credit or payment by the trust; Clause 393(2) requires withholding on non-resident investors at rates in force, permitting treaty relief. Both provisions treat credits (including to suspense accounts) as TDS events and require trusts to maintain documentation of payee status and treaty claims.
Act Rules Bills
Show AI Summary
TDS on investment fund distributions: withholding applies, with treaty relief and exemptions for non taxable income.
TDS on distributions by investment funds requires withholding at applicable resident and non resident rates at the earlier of credit or payment, excluding any portion of income that is statutorily exempt. Funds must determine and segregate taxable versus exempt portions of mixed income, apply treaty or domestic rates for non residents upon proper documentation, and maintain records to support exemptions or reduced rates, while coordinating these obligations with other TDS provisions to avoid double deduction.
Act Rules Bills
Show AI Summary
TDS on business trust distributions: differentiated resident/non resident rates and SPV contingent exemptions under the Income Tax Bill, 2025.
Clause 393 of the Income Tax Bill, 2025 mandates 10% TDS on distributed income to resident unitholders, differentiated rates for non-resident unitholders (including lower rates for certain interest-type distributions and "rates in force" for others), and exempts specified distributions from TDS where the underlying SPV has not opted for the concessional tax regime, thereby tying withholding obligations to the SPV's tax-regime choice.
Act Rules Bills
Show AI Summary
TDS on infrastructure debt fund interest: concessional withholding retained for non-resident investors, deducted at credit or payment.
Clause 393(2)[Table: S.No. 5] retains a concessional TDS regime for any income by way of interest paid by an infrastructure debt fund listed in Schedule VII to a non resident (including foreign companies), requiring deduction at source at the specified concessional rate at the earlier of credit or payment, with no monetary threshold, and integrated within the Bill's harmonised TDS framework that addresses procedural rules, exceptions, grossing up, and interaction with double taxation treaties.
Act Rules Bills
Show AI Summary
TDS on land acquisition compensation maintained; threshold and RFCTLARR Act exemptions preserved, procedural consolidation introduced.
Clause 393 of the Income Tax Bill, 2025 mandates TDS at 10% on any sum in the nature of compensation or enhanced compensation, or consideration or enhanced consideration, for compulsory acquisition of immovable property (other than agricultural land), when amounts paid or credited to a resident exceed Rs. 5,00,000 in a financial year; Clause 393(4) exempts awards or agreements exempt from income-tax under the RFCTLARR Act, and deduction is required at the earlier of payment or credit.

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OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN NOTIFICATIONS

1 February, 2025

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Union Budget 2025-26 (Full) + Finance Bill, 2025

IV. OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN NOTIFICATIONS

A.

Changes in Basic Customs Duty (to be effective from 02.02.2025)

Rates of Duty

S. No.

Chapter, Heading, sub- heading, tariff item

Commodity

From

To

 

 

Aquafarming & Marine Exports

 

 

 1.

0304 99 00

Frozen Fish Paste (Surimi) for use in manufacture of Surimi Analogue products, for export

 30%

 5%

2.

2301 20

Fish Hydrolysate for use in manufacture of aquatic feed

15%

5%

 

 

Leather

 

 

3.

4104 11 00 4104 19 00 4105 10 00 4106 21 00 4106 31 00 4106 91 00

Wet blue leather (hides and skins)

10%

Nil

 

 

Gems and Jewellery Sector

 

 

4.

7113

Platinum Findings

25%

5%

 

 

Metal Scrap & Lithium-Ion Battery Waste and Scrap

 

 

5.

7802

Lead waste and scrap

5%

Nil

6.

7902

Zinc waste and scrap

5%

Nil

7.

8105 20 30

Cobalt powders

5%

Nil

8.

8549 13 00 8549 14 00 8549 19 00

Waste and scrap of Lithium-Ion Battery

5%

Nil

 

 

IT and Electronics Sector

 

 

9.

8517

Ethernet switches Carrier grade

20%

10%

10.

8524 8529

Open cell for Interactive Flat Panel Display Module with or without touch, Touch Glass Sheet and Touch Sensor PCB for the manufacture of the Interactive Flat Panel Display Module.

15%/10%

5%

11.

8529

Inputs and Parts of the Open Cells for use in the manufacture of Television Panels of LED/LCD TV.

2.5%

Nil

12.

Any chapter

Inputs or Parts/sub-parts for use in the manufacture of the Printed Circuit Board Assembly, Camera module and connectors of cellular mobile phones and inputs and raw materials for use in the manufacture of specified parts of cellular mobile phones i.e on Wired Headset, Microphone and Receiver, USB Cable and Fingerprint reader/Scanner of Cellular Mobile Phone.

2.5%

Nil

13.

Any chapter

Add 35 capital goods for use in the manufacture of lithium-ion battery of EVs and 28 capital goods for use in the manufacture of lithium-ion battery of mobile phones in the list of exempted capital goods

As applicable

Nil

14.

Any chapter

To amend entry S. No. 6D of Notification No. 57/2017-Customs and incorporate ‘any chapter’ in column (2) for  goods  used  to  manufacture mechanics of mobile phone

As applicable

10%

 

 

Automobile

 

 

15.

8702

Motor vehicles for transport of 10 or more persons

25%/40%

20%

16.

   8703

Motor cars and other motor vehicles with CIF value more than US $40,000 or with engine capacity more than 3000 cc for petrol run vehicles and more than 2500 cc for diesel run vehicles or with both

   100%

   70%

17.

8704

Motor vehicles for transport of goods

25%/40%

20%

18.

8711

Motor cycles with engine capacity not exceeding 1600cc in CBU form

50%

40%

19.

8711

Motor cycles with engine capacity not exceeding 1600cc in SKD form

25%

20%

20.

8711

Motor cycles with engine capacity not exceeding 1600cc in CKD form

15%

10%

21.

8711

Motor cycles with engine capacity of 1600cc and above in CBU form

50%

30%

22.

8711

Motor cycles with engine capacity of 1600cc and above in SKD form

25%

20%

23.

8711

Motor cycles with engine capacity of 1600cc and above in CKD form

15%

10%

 

 

Toys

 

 

24.

 9503 00 91

Parts of electronic toys for manufacture of electronic toys

 25%

 20%

B.

Changes in Export Duty (To be effective from 2nd February, 2025)

Rate of Duty

S. No.

Tariff item

Commodity

From

To

1.

4104 41 00

Crust leather (hides and skins)

 

 

4104 49 00

4105 30 00

4106 22 00

4106 32 00

4106 92 00

 

20%

Nil

 


Full Text:

Union Budget 2025-26 (Full) + Finance Bill, 2025

Topics

Acts Income Tax