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Clause 393(3)[Table: S.No. 6] requires any person responsible for paying amounts referred to in section 80CCA(2)(a) to deduct income-tax at the rate of 10% at the time of payment where the amount or aggregate amount paid during the tax year exceeds Rs. 2,500; the Table under sub-section (4), Sl. No. 19, exempts payments made to an assessee who is an individual and to the heirs of an assessee, and payers must deposit TDS, file returns, and issue certificates in accordance with the procedural framework.
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Source-based taxation requires payers to withhold tax on non-resident sports and entertainment fees, ensuring collection at source.
Clause 393(2)[Table: S.No.1] mandates a tax deduction at source on payments to non-resident sportsmen, entertainers, and non-resident sports associations or institutions for income referred to in section 211, imposing the obligation on any person making the payment to deduct tax at the earlier of credit or payment. The provision specifies a flat withholding rate, explicitly addresses grossing up for net-of-tax contracts, and is integrated within wider TDS subsections providing exceptions and administrative rules.
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TDS on non-exempt life insurance payouts: mandatory deduction on the taxable component with a declaration option to avoid deduction.
Clause 393(1)[Table: S.No. 8(i)] of the Income Tax Bill, 2025 requires any person paying sums under a life insurance policy, including bonuses and excluding amounts not includible under Schedule II, to deduct TDS at 2% on the "income comprised in such sum". Deduction is required only where the aggregate payout to a payee in a tax year exceeds the specified threshold, and it must be effected at the earlier of credit or payment. Sub-section 6 allows a declaration for non-deduction where estimated aggregate income is below the exemption limit.
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TDS on insurance commission: mandatory deduction at earlier of credit or payment, with threshold and declaratory relief.
Clause 393(1)[Table: S.No.1(i)] requires deduction of tax at source on remuneration or reward for soliciting, procuring, continuing, renewing or reviving insurance business, payable by "any person", at the earlier of credit or payment, when aggregate payments to a payee exceed the specified threshold; rates are those in force and the provision expands scope to include incentives and other remuneration while providing a declaration-based mechanism for no deduction and deeming credit to suspense accounts as credit to the payee.
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Clause 393(1)[Table: S.No. 6(i)] applies TDS to sums for carrying out work, including supply of labour, payable by a designated person, preserving differential rates for individuals/HUFs and others, applying deduction at credit or payment, allowing exclusion of material where separately invoiced, and aggregating payments for threshold purposes, subject to specified exceptions and procedural requirements.
Act Rules Bills
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TDS on horse-race winnings: single-transaction threshold triggers deduction at payment, integrated into unified TDS framework.
Clause 393(3)[Table: S.No. 3] mandates TDS on horse-race winnings by bookmakers or licensed operators at prevailing rates where winnings in a single transaction exceed the threshold, requires deduction at payment irrespective of mode, and integrates these obligations into Clause 393's unified procedural framework while leaving open interpretive issues such as the definition of "single transaction," aggregation risk, and valuation of non-cash payouts.
Act Rules Bills
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TDS on online gaming winnings: mandatory source deduction on net winnings, requiring payer compliance, reporting, and collection for noncash prizes.
Clause 393(3)[Table: S.No. 2] mandates TDS on "any income by way of winnings from online game" payable or credited by "any person," requiring deduction at "rates in force" on net winnings (as per Note 1) at the time of payment or credit, irrespective of mode of payment including cash, kind, credits or digital assets; payer obligations include computation, deduction, remittance, certification and reporting, with standard consequences for non-compliance.
Act Rules Bills
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TDS on gaming winnings: tax must be deducted at payment with a single-transaction threshold and special rules for non-cash prizes.
Clause 393(3)[Table: S.No.1] requires payers to deduct tax at source at rates in force on winnings from lotteries, puzzles, card games, other games, gambling and betting at the time of payment. The provision applies to cash and in-kind prizes and uses a single-transaction threshold to trigger TDS; payers must ensure tax is paid before releasing non-cash prizes. Online gaming winnings are excluded from this sub-clause and treated separately. General TDS reporting and deposit obligations apply.
Act Rules Bills
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TDS on interest: Bill raises senior citizen threshold and consolidates exemptions, altering deductor obligations and clarifying procedures.
Clause 393(1)[Table: S.No. 5(ii) & 5(iii)] prescribes TDS on interest other than on securities by distinguishing banking companies, co operative banks and post offices (subject to higher thresholds) from other specified payers (subject to a lower threshold), fixing time of deduction as credit or payment whichever is earlier, retaining branch wise aggregation where core banking is absent, and allowing intra year adjustment; Clause 393(4)[Table: S.No. 7] lists exemptions mirroring institutional and co operative carve outs with turnover conditions and freezes new ad hoc notifications after the stipulated cutoff.
Act Rules Bills
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TDS on dividends: new Bill mandates deduction before distribution, retaining specified institutional and small-holder exemptions.
Clause 393(1) requires TDS on all dividends (including preference shares) paid by domestic companies to resident shareholders at a flat rate, deducted before any distribution; Clause 393(4) lists conditional exemptions for specified institutional investors, notified persons, and small individual shareholders receiving dividends by non-cash modes, with exemptions contingent on payee type, payment mode, and aggregate amounts during the tax year.
Act Rules Bills
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TDS on interest on securities: consolidated exemptions and clearer procedural rules to streamline withholding compliance.
The Bill reaffirms TDS on interest on securities payable to residents, requiring deduction at the earlier of credit or payment at prevailing rates, subject to an aggregate annual threshold. It consolidates instrument based and entity based exemptions in a notified table, preserves the government's notification power to add exemptions, and modernizes language to reflect current financial instruments. Procedural rules permit declarations for non deduction with clearer delivery and reporting timelines for payers, require documentation to justify non deduction, and emphasize tracking aggregate payments and timely reporting and deposit to improve compliance and reduce disputes.
Act Rules Bills
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Tax deduction at source on provident fund withdrawals ensures immediate withholding at payment for taxable lump sum withdrawals.
Clause 392(7) requires trustees or authorised persons of recognised provident funds to deduct tax at source at a uniform rate when paying accumulated balances that are includible in the employee's income because exemption conditions under the relevant schedule do not apply; the obligation arises at the time of payment and only where the aggregate payment exceeds a prescribed threshold, with trustees responsible for deposit, recordkeeping and issuing withholding certificates.

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Tax incentives to individuals who are enrolled in the Agnipath Scheme : Clause 125 of the Income Tax Bill, 2025 Vs. Section 80CCH of the Income Tax Act, 1961

15 April, 2025

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Clause 125 Deduction in respect of contribution to Agnipath Scheme.

Income Tax Bill, 2025

Introduction

Clause 125 of the Income Tax Bill, 2025, introduces a deduction for contributions made to the Agnipath Scheme, specifically to the Agniveer Corpus Fund. This provision aims to provide tax incentives to individuals who are enrolled in the Agnipath Scheme, a recruitment initiative for the Indian Armed Forces. The provision is significant as it reflects the government's commitment to supporting military personnel through tax benefits, thereby encouraging participation in the scheme. The Agnipath Scheme, introduced by the Ministry of Defence, is a strategic move to bolster military recruitment and retention by offering financial incentives. Section 80CCH of the Income Tax Act, 1961, which was inserted by the Finance Act, 2023, mirrors Clause 125 in its intent and provisions. Both aim to offer tax deductions for contributions to the Agniveer Corpus Fund, thereby promoting the scheme and providing financial relief to the participants. This commentary will provide a detailed analysis of Clause 125 and compare it with Section 80CCH, highlighting similarities, differences, and potential implications for taxpayers and the government.

Objective and Purpose

The primary objective of Clause 125 is to provide a tax deduction to individuals contributing to the Agniveer Corpus Fund under the Agnipath Scheme. This deduction serves multiple purposes:

1. Encouragement of Enrolment: By offering a tax deduction, the government aims to incentivize individuals to enroll in the Agnipath Scheme, thereby ensuring a steady influx of personnel into the Indian Armed Forces.

2. Financial Support: The provision aims to provide financial support to Agniveers by reducing their taxable income, thereby increasing their disposable income.

3. Promotion of Long-term Savings: The Agniveer Corpus Fund is designed to accumulate contributions over time, with matching contributions from the government. This promotes long-term savings among military personnel. The legislative intent behind this provision is to strengthen national security by ensuring a robust recruitment pipeline for the armed forces while simultaneously providing financial incentives to participants.

Detailed Analysis

Clause 125 of the Income Tax Bill, 2025

Clause 125 is structured to provide deductions based on contributions made by both the individual and the government to the Agniveer Corpus Fund. The key components of Clause 125 are:

1. Eligibility: The deduction is available to individuals who are enrolled in the Agnipath Scheme and who contribute to the Agniveer Corpus Fund on or after November 1, 2022.

2. Deduction for Individual Contributions: Sub-section (1) allows for a deduction of the entire amount paid or deposited by the individual in their account in the Agniveer Corpus Fund during the tax year.

3. Deduction for Government Contributions: Sub-section (2) provides for a deduction of the entire amount contributed by the Central Government to the individual's account in the Agniveer Corpus Fund.

4. Definitions: Sub-section (3) provides definitions for "Agnipath Scheme" and "Agniveer Corpus Fund," establishing the framework within which the deductions are applicable.

Comparative Analysis with Section 80CCH of the Income Tax Act, 1961

Section 80CCH, as inserted by the Finance Act, 2023, is structurally and substantively similar to Clause 125. However, there are nuances worth noting:

1. Structural Similarity: Both provisions offer deductions for contributions made by the individual and the government to the Agniveer Corpus Fund. The language and structure of both provisions are nearly identical, reflecting a direct legislative intent to maintain consistency.

2. Effective Dates: While Clause 125 is part of a proposed bill for 2025, Section 80CCH was made effective from April 1, 2023. This temporal difference may have implications for taxpayers in terms of planning and compliance.

3. Legislative Context: Section 80CCH is part of the existing Income Tax Act, 1961, which is a well-established legal framework. Clause 125, being part of a new bill, reflects potential legislative updates or adjustments that may be considered necessary by the government.

4. Implications for Taxpayers: Both provisions aim to provide financial relief to Agniveers by reducing their taxable income. The similarity in provisions ensures that individuals are not disadvantaged by legislative changes and can consistently plan their finances.

Practical Implications

The introduction of Clause 125 and the existing Section 80CCH have several practical implications for stakeholders:

1. For Individuals: Agniveers can benefit from reduced taxable income, leading to increased disposable income. This can enhance financial security and promote savings.

2. For the Government: The provisions support the government's recruitment strategy for the armed forces by providing financial incentives. This can lead to increased enrolment in the Agnipath Scheme.

3. Compliance and Administration: Taxpayers will need to maintain records of contributions to the Agniveer Corpus Fund to claim deductions. The government will need to ensure that the administrative framework supports the seamless implementation of these provisions.

4. Policy Considerations: These provisions reflect a policy decision to integrate tax incentives with national security objectives. This alignment of fiscal policy with defense strategy underscores the government's commitment to both economic and security goals.

Conclusion

Clause 125 of the Income Tax Bill, 2025, and Section 80CCH of the Income Tax Act, 1961, represent significant legislative efforts to support the Agnipath Scheme through tax incentives. By providing deductions for contributions to the Agniveer Corpus Fund, these provisions aim to enhance the financial well-being of military personnel while promoting long-term savings. The structural and substantive similarities between the two provisions ensure consistency and predictability for taxpayers, facilitating compliance and financial planning. The successful implementation of these provisions will depend on effective administration and awareness among stakeholders. As the government continues to refine its recruitment and retention strategies for the armed forces, these tax incentives will play a crucial role in achieving national security objectives.


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Clause 125 Deduction in respect of contribution to Agnipath Scheme.

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