Loading...

⚠ ✕
❮ 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 characters 0/2000
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 ✕
🔎 Filters / Advanced Search ❯
TEXT

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.
Relevance Default Date
    News Bills
    Ease in claiming deduction on amortization of preliminary expenditure
    News Bills
    15% concessional tax to promote new manufacturing co-operative society
    News Bills
    Facilitating certain strategic disinvestment
    News Bills
    Exemption to development authorities etc.
    News Bills
    Tax Incentives to International Financial Services Centre
    News Bills
    Conversion of Gold to Electronic Gold Receipt and vice versa
    News Bills
    Extension of date of incorporation for eligible start-up for exemption
    News Bills
    Relief to start-ups in carrying forward and setting off of losses
    News Bills
    Penalty for cash loan/ transactions against primary co-operatives
    News Bills
    Increasing threshold limit for co-operatives to withdraw cash without TDS
    News Bills
    Relief to sugar co-operatives from past demand
    News Bills
    Agnipath Scheme, 2022
    News Bills
    Promoting timely payments to Micro and Small Enterprises
    News Bills
    RETROSPECTIVE AMENDMENTS OF GST RATE NOTIFICATIONS
    News Bills
    AMENDMENTS IN THE UTGST ACT, 2017
    News Bills
    AMENDMENTS IN THE IGST ACT, 2017
    News Bills
    AMENDMENTS IN THE CGST ACT, 2017
    News Bills
    OTHER CHANGES [INCLUDING CERTAIN CLARIFICATIONS/TECHNICAL CHANGES]
    News Bills
    AMENDMENTS IN THE SCHEDULE VII OF THE FINANCE ACT, 2001 (NCCD SCHEDULE)
    News Bills
    CHANGE IN EFFECTIVE RATE OF ADDITIONAL BASIC EXCISE DUTY ON UNBLENDED PETROL AND DIESEL
❮
❯
❯❯
Maximize Maximize Maximize
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 Summaries Hide All Summaries
News Bills
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.
News Bills
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.
News Bills
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.
News Bills
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.
News Bills
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.
News Bills
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.
News Bills
Show AI Summary
Extension of start up incorporation cutoff expands section 80 IAC eligibility, applying from the stated effective assessment year onward.
The amendment extends the incorporation cutoff so that enterprises incorporated on or before 1st April 2024 qualify as eligible start ups for the three year full deduction under section 80 IAC, subject to the existing turnover ceiling, Inter Ministerial Board certification and other statutory conditions, and is to have effect from 1st April 2023 for the relevant assessment year and subsequent years.
News Bills
Show AI Summary
Carry-forward loss relief extended for startups, easing shareholding continuity requirement to permit set-off of past losses.
Amendment extends the proviso to the carry forward and set off rule so that eligible start-ups may set off carried forward losses incurred within ten years of incorporation under the existing shareholders-continuity relaxation, aligning this period with the ten-year reference in the start-up incentive provision; the change applies from the assessment year 2023-24.
News Bills
Show AI Summary
Cash transaction limit relief for primary co operatives raises the threshold before penalty for member transactions.
The amendments raise the electronic payment threshold for primary agricultural credit societies and primary co operative agricultural and rural development banks so that acceptance of loans or deposits from, or repayment to, their members will be required to be by account payee cheque, account payee bank draft or online bank transfer only where the amount equals or exceeds two lakh rupees; penalties will attach only above that threshold.
News Bills
Show AI Summary
TDS threshold for co-operative societies increased, altering cash withdrawal TDS applicability and retaining higher deduction rates for non-filers.
The Finance Bill, 2023 amends Section 194N to treat co-operative societies as if the statutory cash-withdrawal TDS threshold were replaced by a higher threshold for the purpose of that section, effective from the start of the next financial year, while preserving the existing non-filer deduction rates and the statutory definition of non-filer.
News Bills
Show AI Summary
Deductibility of sugarcane purchase price: recomputation permitted for co-operative mills where prices meet government-fixed approvals.
Confirms that payments by sugar co-operative mills for purchase of sugarcane at prices equal to or less than government-fixed or approved rates are allowable as a deduction for computing business income. Where such deductions were previously claimed and disallowed, an assessee may apply to the tax authority for recomputation of total income for the relevant previous year; the authority must allow the deduction to the extent the expenditure meets the qualifying price condition and apply rectification provisions and the prescribed processing period.
News Bills
Show AI Summary
Agniveer Corpus Fund tax exemption: contributions and Seva Nidhi receipts exempt, government contribution treated as salary with deduction.
The Agnipath Scheme creates a non-lapsable Agniveer Corpus Fund holding Agniveer contributions, matching Government contributions and interest; Seva Nidhi is the one-time terminal package payable on completion of engagement. The Finance Bill proposes to exempt Seva Nidhi receipts from income tax and to permit deduction from total income of both the Agniveer's deposits and the Government's matching contributions, while treating the Government contribution as salary with a corresponding deduction and extending a similar deduction in the new tax regime.
News Bills
Show AI Summary
Payment timing for micro and small enterprises: tax deduction allowed only on actual payment when MSMED timelines are missed.
An amendment to Section 43B inserts a clause disallowing accrual-based deduction for sums payable to micro and small enterprises when payment is made after the time limits prescribed by the MSMED Act; the proviso to Section 43B will not apply to such payments, and only payments made within the MSMED timelines qualify for accrual-based deduction.
News Bills
Show AI Summary
Retrospective GST exemptions and reclassifications bar refunds on tax already collected despite prior tax treatment.
Two retrospective GST amendments reclassify past tax treatments and bar refunds: unintended waste from fish meal production (excluding fish oil) is retrospectively exempted for the earlier period but collected tax is non refundable; and grant of alcoholic liquor licences is retrospectively treated as neither supply of goods nor supply of services, with tax already collected likewise not refundable.
News Bills
Show AI Summary
Interest rate under section 50(3) CGST Act set retrospectively to a prescribed statutory rate affecting tax interest liability.
Notification No. 10/2017 (Union Territory Tax) is amended retrospectively from 1 July 2017 to prescribe the rate of interest under sub-section (3) of section 50 of the CGST Act as 18%, thereby fixing the statutory interest chargeable under that CGST provision for the retrospective period.
News Bills
Show AI Summary
Interest rate under CGST Act fixed retrospectively, establishing a statutory uniform rate effective from July 2017.
A retrospective amendment to Notification No. 6/2017 fixes the statutory interest rate applicable under the CGST interest provision, with effect from 1 July 2017, by specifying the rate of interest under subsection (3) of the relevant CGST provision.
News Bills
Show AI Summary
Input tax credit restrictions clarified: availment conditioned on communication and extended rectification windows provided.
Amendments condition availment of input tax credit on absence of restrictions in communications to recipients and extend the claim and rectification window to the thirtieth day of November of the following financial year; they remove two way return communication, replace it with prescribed one way auto generated communication of inward supplies and credits, require tax period sequential filing of outward supplies, substitute provisional credit claims with self assessed credit subject to conditions, limit utilisation and transfer of electronic ledgers, restate interest on wrongly availed credit retrospectively, and clarify refund claim procedures and withholding scope.
News Bills
Show AI Summary
Retail sale price valuation provisions superseded to align central excise valuation with the post GST legal framework under new notification.
Notification No. 49/2008 set out retail sale price based valuation and abatements under section 4A of the Central Excise Act; it has been superseded by Notification No. 01/2022 dated 1 February 2022 to align excise valuation and abatement treatment with the post GST legal framework.
News Bills
Show AI Summary
NCCD schedule amendment: reclassification of petroleum crude tariff item to a designated central excise heading changes levy application.
Amendment substitutes Central Excise tariff item 2709 20 00 with 2709 00 10, classifying the entry as petroleum crude in the Seventh Schedule to the Finance Act, 2001, via the Finance Bill, 2022, thereby reclassifying the tariff heading for NCCD schedule purposes.
News Bills
Show AI Summary
Additional excise duty on unblended fuel imposed to promote blending from October, affecting petrol and diesel sales.
An additional Basic Excise Duty of Rs. 2 per litre will be levied on petrol and high speed diesel sold to retail consumers without blending, effective from 1 October 2022, to promote petrol blending with ethanol/methanol and diesel blending with bio-diesel by creating a tax differential between blended and unblended fuels.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

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

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.

Topics

Acts Income Tax