Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 TMI Notes - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws----
  • ---- All Laws----
  • Benami Property
  • Bill
  • Central Excise
  • Companies Law
  • Customs
  • DGFT
  • FEMA
  • GST
  • GST - States
  • IBC
  • Income Tax
  • Indian Laws
  • Money Laundering
  • SEBI
  • SEZ
  • Service Tax
  • VAT / Sales Tax
Types:
---- All Types ----
  • ---- All Types ----
  • Act Rules
  • Case Laws
  • Circulars
  • Manuals
  • News
  • Notifications
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
RelevanceDefaultDate
    ManualsService Tax
    Whether issuance of SCN under section 73 is mandatory to fix the liability of the assessee? Whether ...
    ManualsService Tax
    Whether it is necessary to provide opportunity of being heard before passing order of finalisation ...
    ManualsService Tax
    Whether appeal can be filed against the provisional assessment?
    ManualsService Tax
    Whether mere non filing of Memorandum in ST-3A means no provisional assessment has been made?
    ManualsService Tax
    Whether best judgement can be done by assessing authority totally arbitrarily i.e. based on his gues...
    ManualsService Tax
    What is the difference between Assessment based on Best Judgement and Assessment based on books of a...
    ManualsService Tax
    What is the meaning of Assessment? What is the meaning of Assessee?
    ManualsService Tax
    What is the relevance of self declaration given at the end of service tax return regarding to self a...
    ManualsService Tax
    Whether records can be preserved in electronic form? if yes, what procedure is need to be followed f...
    ManualsService Tax
    What will be treatment in case of partial reverse charge if service provider is covered under SSI ex...
    ManualsService Tax
    What changes have been made in services by way of supply of manpower for any purpose or security ser...
    ManualsService Tax
    What is the meaning of Partial reverse charge? Which services are covered under partial reverse char...
    ManualsService Tax
    What is the meaning of aggregator? Who is liable in the case of aggregator? What will be if aggregat...
    ManualsService Tax
    How the exemption under this notification will be calculated if the service provider has more than o...
    ManualsService Tax
    Whether Small service provider exemption is available to those persons who are covered under reverse...
    ManualsService Tax
    Whether service provider has the option of not availing the exemption under this notification?
    ManualsService Tax
    Whether service provided under own brand name or trade name is entitled to the exemption under notif...
    ManualsService Tax
    What are the consequences if registration is not granted with in 7 days of the application? Is there...
    ManualsService Tax
    Whether Registration of service tax can be refused ? Whether Service tax authorities can issue regis...
    ManualsService Tax
    Is it mandatory to surrender/ cancel the registration certificate after ceasing to provide taxable s...
❯❯
MaximizeMaximizeMaximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

    +

    Are you sure you want to delete "My most important" ?

    NOTE:

    Notes
    Showing Results for :
    Reset Filters
    Results Found:
    Show All SummariesHide All Summaries
    ManualsService Tax
    Show AI Summary
    SCN requirement: absence of a show-cause notice prevents imposition of service tax and interest under revision.
    Issuance of a show-cause notice under the demand provision is a prerequisite to fix service tax and interest; where only a penalty notice was issued under the penalty regime, the revisional authority cannot validly pass an order demanding service tax with interest because the penalty notice cannot substitute for a demand-stage show-cause notice.
    ManualsService Tax
    Show AI Summary
    Right to be heard required before finalising provisional assessment; taxpayer must be told grounds and allowed to respond.
    An assessing authority must inform the taxpayer of the specific grounds for proposed enhanced liability and afford a meaningful opportunity to meet those grounds before finalising a provisional assessment, as a baseline requirement of natural justice in assessment proceedings.
    ManualsService Tax
    Show AI Summary
    Provisional assessment appeals permitted where statute and rules authorize provisional determinations, allowing aggrieved parties to prefer appeals.
    Provisional assessments are authorized by the Act and Rules, and an aggrieved party retains the right to appeal against such provisional assessments; the provisional nature does not by itself preclude preferring appeals under the applicable appellate procedure.
    ManualsService Tax
    Show AI Summary
    Non-filing of memorandum for provisional assessment is a procedural omission and does not negate provisional assessment.
    Non filing of the memorandum in Form ST 3A does not by itself negate the existence of a provisional assessment; the form serves to supply date wise details to enable the proper officer to make an accurate final assessment, and omission of that statement does not preclude that assessments were provisional, especially where the taxpayer later requests and the proper officer completes a final assessment.
    ManualsService Tax
    Show AI Summary
    Best judgment assessment must be reasoned, not arbitrary; it requires material support and more than mere guesswork.
    A best-judgement assessment allows limited estimation but the assessing officer must make an honest, fair and reasoned estimate and cannot act wholly arbitrarily; technical rules of evidence are relaxed but the assessment must be based on more than mere suspicion or pure guesswork and should be supported by adequate material rather than unsupported conjecture.
    ManualsService Tax
    Show AI Summary
    Best judgment assessment: courts may not substitute their own estimate if the assessing authority's basis has reasonable nexus.
    Assessment based on accounts is proper where books are genuine and substantially correct, with only minor adjustments; a best judgment assessment is used when accounts are unreliable and the authority estimates liability using available accounts, other information and surrounding circumstances. Courts reviewing a best judgment assessment must first confirm that rejection of accounts was justified and then assess whether the estimating basis has a reasonable nexus to the estimated turnover; if so, the authority's bona fide estimate should not be displaced.
    ManualsService Tax
    Show AI Summary
    Assessment in service tax: scope includes self assessment, reassessment, provisional and best judgement modes and interest determination.
    Assessment for service tax includes self-assessment, reassessment, provisional assessment, best judgement assessment and any order where tax assessed is nil; it also includes determination of interest on assessed or reassessed tax. "Assessee" means a person liable to pay the tax and includes the person's agent.
    ManualsService Tax
    Show AI Summary
    Untrue self-declaration in tax return corroborates suppression and can trigger penalty under self-assessment procedures.
    An untrue declaration in a service tax return asserting that tax has been paid corroborates suppression and attracts penalty; absence of a bona fide statement on the return or with the return renders the declaration faulty and imputes liability under the self-assessment procedure.
    ManualsService Tax
    Show AI Summary
    Electronic preservation of records permitted subject to every page being authenticated by digital signature and prescribed safeguards.
    Preservation of records in electronic form is permitted provided each page of the record is authenticated by a digital signature, and the Board may prescribe further conditions, safeguards and procedures for maintaining digitally signed records.
    ManualsService Tax
    Show AI Summary
    Partial reverse charge: provider exempt under SSI does not pay; service receiver still liable for receiver's portion of tax.
    Where a service falls under partial reverse charge and the provider is covered by the SSI exemption and not liable to pay service tax, the provider's obligation to pay its share is eliminated while the service receiver remains independently liable to pay the receiver's portion under the reverse charge mechanism.
    ManualsService Tax
    Show AI Summary
    Reverse charge liability now places full service tax responsibility on the service recipient for manpower and security services.
    W.e.f. notification no. 07/2015-ST the services by way of supply of manpower for any purpose and security services have been placed under a full reverse charge mechanism, making the service recipient exclusively liable to discharge the entire service tax; the earlier partial reverse charge split between recipient and service provider has been removed.
    ManualsService Tax
    Show AI Summary
    Partial reverse charge: service tax liability split between provider and recipient; third-party payers allowed under notification
    A scheme of partial reverse charge allocates service tax between provider and recipient by notifying services and the share payable by the recipient, the provider paying the remainder. As at 01/04/2015 the notification covers renting of passenger motor vehicles to persons not in the same business and the service portion of works contracts. The framework also allows liability to be placed on persons other than provider or recipient, for example a representative of an aggregator, where so notified.
    ManualsService Tax
    Show AI Summary
    Aggregator liability: platform owners bear service tax responsibility, with representatives appointed if no taxable territory presence.
    An "aggregator" is the owner manager of a web based application enabling customers to connect with service providers under the aggregator's brand; the aggregator is the person liable for paying service tax for services involving the aggregator. If the aggregator lacks physical presence in the taxable territory, a person representing the aggregator in that territory is liable; if there is neither presence nor representative, the aggregator must appoint a person in the territory who will be liable to pay service tax.
    ManualsService Tax
    Show AI Summary
    Aggregate value rule: combined turnover across services and premises determines small service provider exemption; co-owners assessed individually.
    Exemption is applied to the aggregate value of all taxable services provided from all premises by a provider, and eligibility is determined by aggregating previous year turnover across all premises; where premises are co-owned, each co-owner may claim the exemption separately if, on individual assessment, their aggregate taxable services fall within the threshold.
    ManualsService Tax
    Show AI Summary
    Reverse charge excludes recipients from small service provider exemption when they are liable to pay service tax.
    The Small service provider exemption does not extend to persons liable to pay service tax as service recipients under the Reverse Charge Mechanism; values of taxable services for which tax is payable by such person under sub-section (2) of section 68 read with the Service Tax Rules are excluded from the notification's exemption.
    ManualsService Tax
    Show AI Summary
    Option to decline small-provider exemption allows service providers to pay service tax and claim CENVAT credit from that date.
    Service providers may elect during a financial year to forego the small-provider value-based exemption and pay service tax, but the election is irrevocable for that financial year. Upon electing to pay service tax, the provider may avail CENVAT credit only for inputs or input services received on or after the date service tax payments commence and used for taxable services for which service tax is payable.
    ManualsService Tax
    Show AI Summary
    Brand name usage and service tax exemption: services under own brand remain eligible; exclusion covers use of another's brand.
    Exemption for small service providers applies when services are provided under the provider's own brand name or trade name; the notification excludes only taxable services provided under a brand or trade name of another person, whether registered or not.
    ManualsService Tax
    Show AI Summary
    Deemed registration applies when the local superintendent delays issuance, but not to centralized registration by the Commissioner.
    Failure of the Superintendent of Central Excise to issue Form ST-2 within seven days triggers deemed registration; that deeming provision applies only to registrations by the Superintendent and not to centralized registrations granted by the Commissioner, where no statutory time limit exists. Registration must nevertheless be granted within a reasonable time, and administrative circulars treating seven days as reasonable impose directory guidance and accountability but do not create deemed registration for the Commissioner.
    ManualsService Tax
    Show AI Summary
    Registration refusal prohibited: complete service tax applications must be accepted and authorities cannot register suo moto.
    A complete and properly filled application in Form ST-1 and/or ST-2 must be accepted; there is no statutory power under the Finance Act, 1994 or the Service Tax Rules, 1994 for the Superintendent or the Commissioner to refuse registration, nor to grant registration suo moto. Registration is confined to the category specified in the application, and non-alignment with the correct category may attract recovery or penal proceedings.
    ManualsService Tax
    Show AI Summary
    Surrender of service tax registration required on cessation of taxable services; cancellation follows after dues are cleared and documents submitted.
    Surrender of the registration certificate is mandatory upon cessation of taxable services and must be submitted to the Superintendent, who ensures all dues are paid before cancelling registration. No prescribed format exists; a simple application is acceptable. A trade notice lists common reasons for surrender and requires an application and undertaking, copies of recent ST-3 returns (up to six), profit & loss accounts and balance sheets (up to three years) or income tax returns or bank statements if unavailable, and disclosure of pending show-cause notices, confirmed demands, court cases and audits; waiver of penalty may be applied where returns were not filed but turnover is below the exemption limit.

    TMI Notes

    Back

    All TMI Notes

    Showing Results for :
    Reset Filters
      No Records Found

      TMI Notes

      Back

      All TMI Notes

      whatsappJoin Channel
      Showing Results for : Reset Filters

      Evolution of TDS on Interest on Securities : Clause 393(1)[Table: S.No. 5(i)] & 393(4)[Table: S.No. 6] of Income Tax Bill, 2025 Vs. Section 193 of Income Tax Act, 1961

      21 June, 2025

      Contents
      Acts
      Rules & Regulations
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      Clause 393 Tax to be deducted at source.

      Income Tax Bill, 2025  

      Introduction

      The mechanism of Tax Deduction at Source (TDS) on interest on securities has long been a pivotal feature of the Indian income tax framework, serving as a tool for early tax collection and compliance monitoring. Section 193 of the Income Tax Act, 1961, has, for decades, governed the deduction of tax on interest on securities paid to residents. With the introduction of the Income Tax Bill, 2025, there is a comprehensive attempt to consolidate, rationalize, and modernize TDS provisions. This commentary focuses on Clause 393(1)[Table: S.No. 5(i)] and Clause 393(4)[Table: S.No. 6] of the Income Tax Bill, 2025, providing a detailed analysis of their scope, operation, and implications, and compares them with the existing regime u/s 193 of the 1961 Act.

      Objective and Purpose 

      The legislative intent behind TDS provisions on interest on securities is threefold:

      1. Ensuring Advance Tax Collection: By mandating deduction at source, the law seeks to ensure that tax is collected at the earliest possible stage, reducing the risk of evasion or default.
      2. Widening the Tax Base: TDS acts as a check on the reporting of income, compelling both payers and recipients to account for such income in their returns.
      3. Administrative Efficiency: Centralizing the collection of tax at the point of payment simplifies compliance monitoring for the tax authorities.

      The 2025 Bill aims to further these objectives by refining the categories of exempted payments, updating threshold limits, and harmonizing the language and structure of the law.

      Detailed Analysis of Clause 393(1)[Table: S.No. 5(i)] and Clause 393(4)[Table: S.No. 6] of the Income Tax Bill, 2025

      I. Clause 393(1)[Table: S.No. 5(i)] - TDS on Interest on Securities

      1. Scope of Coverage:
        The provision applies to "any person" responsible for paying to a resident "any income by way of interest on securities." This is a broad formulation, capturing all payers, irrespective of their status (government, company, institution, or individual), provided the payment is to a resident.
      2. Threshold Limit:
        The threshold for deduction is set at Rs. 10,000 in the aggregate during the tax year. No TDS is required if the total interest paid or credited does not exceed this amount.
      3. Rate and Timing:
        TDS is to be deducted at the "rates in force" at the time of credit or payment, whichever is earlier. This aligns with the general principle of TDS timing under the Act.
      4. Reference to Exemptions (Clause 393(4)[Table: S.No. 6]):
        The operation of this clause is subject to the exemptions enumerated in sub-section (4), which are critical for understanding the practical application of the TDS requirement.

      II. Clause 393(4)[Table: S.No. 6] - Exemptions from TDS on Interest on Securities

      This sub-section provides a table of circumstances where no TDS is required, specifically referencing S.No. 5(i) of the main table. The exemptions are as follows:

      1. Interest Payable on Specified Instruments:
        • National Development Bonds
        • Debentures issued by specified institutions, authorities, or persons as notified by the Central Government
        • Any security of the Central or State Government, other than:
          • 8% Savings (Taxable) Bonds, 2003
          • 7.75% Savings (Taxable) Bonds, 2018
          • Floating Rate Savings Bonds, 2020 (Taxable)
          • Any other security as notified by the Central Government
      2. Interest Payable to Specified Entities:
        • Life Insurance Corporation of India, in respect of securities owned or with full beneficial interest
        • General Insurance Corporation of India or any of the four companies formed under the General Insurance Business (Nationalisation) Act, 1972, in respect of securities owned or with full beneficial interest
        • Any other insurer, in respect of securities owned or with full beneficial interest
        • A "business trust", in respect of any securities, by a special purpose vehicle referred to in Schedule V (Table: Sl. No. 3)

      Comparative Analysis with Section 193 of the Income Tax Act, 1961

      1. Thresholds and Rates

      • Threshold: Both the 2025 Bill and Section 193 now prescribe a Rs. 10,000 threshold for deduction, reflecting an alignment and rationalization of limits.
      • Rate: Both refer to "rates in force," ensuring that TDS rates are dynamically linked to the prevailing rates as notified in the Finance Act or relevant notifications.

      2. Scope and Wording

      • Payer: Both regimes apply to "any person" responsible for payment, maintaining a broad net.
      • Payee: The focus remains on payments to residents. Non-resident payments are governed by separate provisions (e.g., Section 195 in the 1961 Act; separate tables in the 2025 Bill).

      3. Timing of Deduction

      Both provisions require deduction at the earlier of credit or payment, including credit to suspense accounts. This is a critical anti-avoidance feature, ensuring that TDS cannot be deferred by crediting to intermediary accounts.

      4. Exemptions and Carve-Outs

      This area reveals both continuity and modernization:

      1. Instrument-Based Exemptions:
        • Both laws exempt interest on National Development Bonds, certain notified debentures, and most government securities, except for specified taxable bonds (8%, 7.75%, Floating Rate, or as notified).
        • The 2025 Bill consolidates these exemptions into a more streamlined table, referencing the power of the Central Government to notify further exemptions, mirroring the approach in Section 193.
      2. Entity-Based Exemptions:
        • Interest payable to LIC, GIC, specified insurers, and business trusts is exempt in both regimes, with wording modernized in the 2025 Bill for clarity and to reflect the evolution of financial products (e.g., explicit reference to "business trusts").
      3. Additional Exemptions in Section 193:
        • Section 193 contains some nuanced exemptions (e.g., for certain Gold Bonds held by individuals, subject to value limits and declarations) that are not expressly replicated in the 2025 Bill's main table, possibly reflecting the obsolescence of some instruments.
        • Section 193 includes a specific exemption for interest on debentures of widely held companies paid to individuals/HUFs (up to Rs. 10,000, paid by account payee cheque). The 2025 Bill appears to focus on "interest on securities" more generally, with such nuances likely subsumed under broader exemptions or addressed elsewhere.

      5. Procedural and Compliance Aspects

      • Declaration for Non-Deduction: Both laws permit individuals and certain entities to file declarations for non-deduction if their estimated total income is below the taxable limit (Section 197A in the 1961 Act; Clause 393(6) in the 2025 Bill), though the procedural mechanics have been modernized in the Bill.
      • Reporting and Delivery: The 2025 Bill explicitly requires the payer to deliver the declaration to the tax authority by the 7th of the following month, emphasizing timely compliance.

      6. Modernization and Rationalization

      • The 2025 Bill's approach is to consolidate and clarify, grouping exemptions and obligations in structured tables, and removing archaic references (e.g., to now-defunct bonds or obsolete procedural requirements).
      • The Bill provides for the Central Government's power to notify new exemptions, ensuring the law remains adaptable to changes in financial products and market realities.

      7. Potential Ambiguities and Issues

      • Definition of "Interest on Securities": Both laws rely on the definition in the main Act, but as financial instruments evolve, the possibility of interpretative disputes remains (e.g., whether certain hybrid instruments qualify).
      • Overlap with Other Provisions: The Bill's structure attempts to minimize overlaps by clarifying precedence (e.g., if tax is deducted under one provision, it is not to be deducted again under another).
      • Notification Power: Both regimes vest significant discretion in the Central Government to notify further exemptions, which can lead to uncertainty if not exercised transparently and timeously.

      Practical Implications

      For Payers (Issuers of Securities, Government, Companies, etc.)

      • The Rs. 10,000 threshold simplifies compliance for small interest payments, reducing the administrative burden.
      • The need to track aggregate payments across the year, and to apply the correct rate at the right time, remains a key compliance obligation.
      • Entities paying interest on exempted instruments or to exempted entities must maintain proper documentation to justify non-deduction.
      • The obligation to process declarations for non-deduction and to report them to tax authorities is reinforced under the new regime.

      For Recipients (Investors, Insurers, Trusts, Individuals)

      • Investors in exempt instruments or entities (e.g., LIC, GIC, business trusts) benefit from direct receipt of full interest without TDS, improving cash flows.
      • Individuals and HUFs with low income can avoid TDS by filing requisite declarations, though must ensure aggregate receipts do not exceed the taxable threshold.
      • Business trusts and insurers continue to enjoy favorable treatment, reflecting policy support for long-term savings and financial stability.

      For Tax Authorities

      • The consolidation and simplification of exemptions and thresholds should improve monitoring and reduce disputes.
      • The explicit reporting requirements for declarations and the emphasis on timely deduction and deposit of TDS provide clearer audit trails.

      Comparative Table: Key Features

      FeatureSection 193 of the Income Tax Act, 1961

      Clause 393(1)[Table: S.No. 5(i)] and Clause 393(4)[Table: S.No. 6]

      of the Income Tax Bill, 2025

      ThresholdRs. 10,000 (recently increased)Rs. 10,000
      RateRates in forceRates in force
      Exempt InstrumentsDetailed list, with periodic notificationsConsolidated table, with notification power
      Exempt EntitiesLIC, GIC, insurers, business trusts, etc.Same, with modernized language
      Procedural RequirementsDeclarations, reporting, suspense account ruleDeclarations, reporting, suspense account rule
      ModernizationLayered, historical, some obsolete referencesConsolidated, streamlined, adaptable

      Conclusion

      The TDS regime on interest on securities, as updated in the Income Tax Bill, 2025, largely continues the policy and structural framework of Section 193 of the Income Tax Act, 1961, with notable improvements in clarity, consolidation, and adaptability. The alignment of threshold limits, the clear statement of exempted instruments and entities, and the emphasis on procedural compliance reflect a mature and responsive legislative approach. While the core principles remain unchanged, the 2025 Bill's structure is more user-friendly and future-proof, positioning the TDS framework to better handle the complexities of modern financial markets. Stakeholders should welcome the rationalization, though continued vigilance is required to ensure that the notification powers are exercised with transparency, and that the law adapts to evolving financial instruments without ambiguity.


      Full Text:

      Clause 393 Tax to be deducted at source.

      Topics

      ActsIncome Tax