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
    NewsBills
    Alignment of provisions of section 45(5A) with the TDS provisions of section 194-IC
    NewsBills
    Rationalisation of exempt income under life insurance policies
    NewsBills
    Preventing permanent deferral of taxes through undervaluation of inventory
    NewsBills
    Special provision for taxation of capital gains in case of Market Linked Debentures
    NewsBills
    Limiting the roll over benefit claimed under section 54 and section 54F
    NewsBills
    Increasing rate of TCS of certain remittances
    NewsBills
    TDS and taxability on net winnings from online games
    NewsBills
    Preventing misuse of presumptive schemes under section 44BB and section 44BBB
    NewsBills
    Removal of exemption from TDS on payment of interest on listed debentures to a resident
    NewsBills
    Tax avoidance through distribution by business trusts to its unit holders
    NewsBills
    Removal of exemption of news agency under clause (22B) of section 10
    NewsBills
    Extending deeming provision under section 9 to gift to not-ordinarily resident
    NewsBills
    Extending the scope for deduction of tax at source to lower or nil rate
    NewsBills
    Increasing threshold limits for presumptive taxation schemes
    NewsBills
    Ease in claiming deduction on amortization of preliminary expenditure
    NewsBills
    15% concessional tax to promote new manufacturing co-operative society
    NewsBills
    Facilitating certain strategic disinvestment
    NewsBills
    Exemption to development authorities etc.
    NewsBills
    Tax Incentives to International Financial Services Centre
    NewsBills
    Conversion of Gold to Electronic Gold Receipt and vice versa
❯❯
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
    NewsBills
    Show AI Summary
    Capital gains computation for joint development agreements clarified to include consideration received by any mode, aligning with TDS rules.
    Amendment clarifies that for capital gains under section 45(5A) on transfers under joint development agreements, the full value of consideration equals the stamp duty value of the assessee's share increased by any consideration received in cash, by cheque or draft, or by any other mode, aligning the computation with the TDS treatment under section 194-IC and addressing taxpayer misinterpretation.
    NewsBills
    Show AI Summary
    Taxation of high-premium life insurance policies: exempt on death, otherwise taxable under other sources with premium deduction available.
    Policies other than unit linked insurance policies issued on or after 1 April 2023 will lose exemption under clause (10D) if premium payable in any previous year during the policy term exceeds the prescribed threshold; death receipts remain exempt. For multiple policies issued on or after that date, exemption applies only where the aggregate premium does not exceed that threshold in any year. Non-exempt sums (including bonuses) will be taxable under the head "Income from Other Sources" with computation rules and a deduction for premium allowed only if not earlier claimed.
    NewsBills
    Show AI Summary
    Inventory valuation can be directed to a cost accountant, with mandated report, government-paid expenses, and hearing rights preserved.
    Tax authorities may direct an assessee to obtain inventory valuation by a cost accountant nominated by the senior commissioner; the assessee must furnish a prescribed signed valuation report. Valuation expenses and incidental costs, including the cost accountant's remuneration, will be determined by the senior commissioner under prescribed guidelines and paid by the Central Government. Except for assessments under section 144, the assessee must be given an opportunity to be heard on material derived from such valuation. Consequentially, the valuation period is excluded from limitation computations and rules may prescribe the report form and particulars.
    NewsBills
    Show AI Summary
    Taxation of Market Linked Debentures reclassified as short-term capital gains taxed at applicable rates under new provision.
    The proposal inserts a new provision treating gains on transfer, redemption or maturity of Market Linked Debentures as short-term capital gains taxable at applicable rates by treating the full consideration received, reduced by cost of acquisition and transfer-related expenditure, as capital gains from a short-term capital asset; it also defines Market Linked Debentures as debt-principal securities with returns linked to market returns or so classified by the market regulator and makes the change prospective.
    NewsBills
    Show AI Summary
    Limit on rollover benefit under sections 54 and 54F restricts excessive deductions for high-value residential purchases.
    The Finance Bill proposes a deemed cost cap so that where the cost of a new residential asset exceeds ten crore rupees, the cost for computing the deduction under the rollover relief provisions will be treated as ten crore rupees, limiting the maximum deduction. A proviso confines the Capital Gains Account Scheme deposit provision to capital gains or net consideration up to that cap. The amendments are prospective, effective 1 April 2024 and applicable to the assessment year 2024 25 and thereafter.
    NewsBills
    Show AI Summary
    TCS increase on foreign remittances: higher withholding expands coverage and raises compliance burden for remitters.
    Increase in the rate of TCS is proposed by amending sub section (1G) of section 206C to raise withholding on certain foreign remittances and sales of overseas tour packages; education and medical remittances retain prior treatment under specified conditions, while tour packages and other remittances become subject to higher rate without threshold, effective from the stated date in the Finance Bill.
    NewsBills
    Show AI Summary
    TDS on online game winnings restructured: withholding on net account winnings and withdrawals under new targeted provisions.
    Amendments require TDS on winnings to be applied to amounts or aggregates exceeding the threshold in a financial year; section 194B is expanded to include gambling and excludes online games from 1 July 2023. A new section 194BA mandates TDS on net winnings in user accounts at year-end and on withdrawals, with prescribed computation and payer obligations where winnings are in kind. Administrative guidelines may be issued to resolve implementation issues. Definitions for computer resource, internet, online game, online gaming intermediary, user and user account are prescribed. Section 115BB is amended to exclude online-game winnings and a new section 115BBJ establishes a separate tax computation for net winnings from online games integrated into overall tax liability.
    NewsBills
    Show AI Summary
    Presumptive taxation restrictions: bar on set off of carried forward losses and unabsorbed depreciation when presumptive profits are declared.
    The Bill proposes that where an assessee declares profits under the presumptive taxation scheme for specified non resident activities, no set off of unabsorbed depreciation or brought forward business loss shall be allowed for that previous year, notwithstanding the general set off and carry forward provisions; the amendment is prospective and will apply from the notified effective date.
    NewsBills
    Show AI Summary
    TDS exemption removal on interest requires withholding for payments on listed dematerialized debentures to resident holders.
    The Finance Bill proposes deletion of the proviso clause that exempted TDS on interest paid to resident holders of listed dematerialized debentures, thereby requiring tax deduction at source on interest payments to such resident holders; the amendment addresses under-reporting of interest income and takes effect from 1 April, 2023.
    NewsBills
    Show AI Summary
    Taxation of business trust distributions: non-characterised payouts to unit holders treated as taxable income from other sources.
    Proposed amendments tax sums received by unit holders from business trusts that are not interest, dividend or rental receipts and not chargeable under the pass-through provisions by treating them as income from other sources. Where sums represent redemption of units, the receipt is reduced by the cost of acquisition to the extent of the amount received. Amendments also exclude such sums from the trust pass-through subsections and expand the definition of income to include them, with prospective application.
    NewsBills
    Show AI Summary
    Tax exemption for notified news agencies withdrawn, ending clause-based relief and effective from the assessment year starting April 2024.
    The finance bill withdraws the tax exemption available to notified news agencies under clause (22B) of section 10 by inserting a proviso excluding any income of such agencies for the previous year relevant to the assessment year beginning on or after 1 April 2024; the amendment takes effect from 1 April 2024 and applies to assessment year 2024-25 and subsequent years.
    NewsBills
    Show AI Summary
    Deeming provision for gifts extended to not ordinarily residents, bringing certain inbound gifts within the Indian tax net.
    Clause (viii) of sub section (1) of section 9 is proposed to be amended to extend the deeming rule so that sums received without consideration by a not ordinarily resident from a person resident in India are treated as income deemed to accrue or arise in India; the change is intended as an anti abuse measure to capture gifts not presently within the scope of the existing deeming provision and will apply prospectively to specified assessment years.
    NewsBills
    Show AI Summary
    Certificate for lower or nil tax deduction extended to business trust interest, enabling reduced TDS where exemptions justify it.
    The amendment extends eligibility for a certificate for deduction of tax at a lower or nil rate to sums on which tax is required to be deducted in relation to business trust interest income, enabling reduced deduction where exemptions (for example, for certain sovereign wealth and pension funds) justify such reduction; the change applies prospectively from 1 April, 2023.
    NewsBills
    Show AI Summary
    Presumptive taxation thresholds increased for businesses and professionals, conditional on low cash receipts and audit exemption.
    Eligibility thresholds for presumptive taxation schemes are increased for businesses and professionals on the condition that cash receipts do not exceed a prescribed low percentage of total turnover or gross receipts; cheques and non-account-payee bank drafts are deemed cash for this purpose. Persons declaring profits under the presumptive schemes and meeting the cash-receipt condition are exempt from the statutory audit requirement, with the amendments effective from the stated assessment year.
    NewsBills
    Show AI Summary
    Amortization of preliminary expenditure: approval requirement removed; assessee must file prescribed statement to claim deduction.
    Amendment removes the Board approval requirement for entities performing preparatory activities tied to amortization of preliminary expenditure and replaces it with a requirement that the assessee furnish a prescribed statement containing particulars of such expenditure to the prescribed income tax authority within the prescribed period and form; effective from 1 April 2024 for the relevant assessment year.
    NewsBills
    Show AI Summary
    Concessional tax regime for new manufacturing co-operative societies, subject to eligibility conditions, irrevocable option and transfer pricing checks.
    A new concessional tax regime permits resident new manufacturing co-operative societies to elect an irrevocable concessional tax rate, subject to prescribed conditions: total income must be computed without specified deductions or set off of earlier losses attributable to those deductions, depreciation must be claimed as prescribed, non manufacturing income and certain excess profits from related-party arrangements are taxed at higher fixed rates, and specified domestic transactions are subject to arm's length pricing; limited use of previously used machinery is permitted under conditions.
    NewsBills
    Show AI Summary
    Strategic disinvestment: redefined to cover government or public sector share sales reducing majority shareholding and enabling loss carryforward on amalgamation.
    Section 72A is amended to expand strategic disinvestment to include sale of shareholding by the Central Government, State Government or a Public Sector Company that reduces their shareholding below fifty-one per cent and transfers control to the buyer; transfer of control may be effected by any one or more of those entities. Section 72AA is amended to allow carry forward and set off of accumulated losses and unabsorbed depreciation where banking companies amalgamate with another banking institution or company within five years of such strategic disinvestment. The amendments take effect from 1 April 2023.
    NewsBills
    Show AI Summary
    Exemption for statutory development authorities expanded to cover non-company bodies providing public services, subject to notification.
    Income of a body or authority or Board or Trust or Commission, not being a company, established or constituted by Central or State Act for specified public purpose objects (housing, planning/development of settlements, regulating or developing activities for public benefit, or regulating matters arising from their object) is proposed to be exempted under a new clause, subject to Central Government notification in the Official Gazette; consequential statutory amendments follow and the change applies prospectively to the relevant assessment year.
    NewsBills
    Show AI Summary
    Tax exemption for ODI distributions prevents double taxation, easing IFSC banking unit pass-through of taxed income.
    Amendments extend the transfer period for original funds to resultant funds on relocation, exempt income distributed to non-resident holders of Offshore Derivative Instruments provided the income was charged to tax in the IFSC banking unit and will incorporate IFSCA (Fund Management) Regulations, 2022 into the definitions of specified, resultant and investment funds to align statutory definitions with the regulatory regime.
    NewsBills
    Show AI Summary
    Conversion of Gold to Electronic Gold Receipt: excluded from transfer for capital gains; cost basis and holding period preserved.
    Conversion between physical gold and an Electronic Gold Receipt issued by a Vault Manager is proposed to be excluded from the definition of transfer for capital gains. The cost of acquisition of an EGR will be deemed the cost of the underlying gold in the hands of the person in whose name the EGR is issued, and vice versa for gold released against an EGR. The holding period for capital gains will include periods during which the gold or the EGR was held prior to conversion.

    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