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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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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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

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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

Feature Section 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

Threshold Rs. 10,000 (recently increased) Rs. 10,000
Rate Rates in force Rates in force
Exempt Instruments Detailed list, with periodic notifications Consolidated table, with notification power
Exempt Entities LIC, GIC, insurers, business trusts, etc. Same, with modernized language
Procedural Requirements Declarations, reporting, suspense account rule Declarations, reporting, suspense account rule
Modernization Layered, historical, some obsolete references Consolidated, 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.

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Acts Income Tax