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
    Incentives to Individual and HUF.
    News Bills
    Incentives to resident co-operative societies.
    News Bills
    Rates for deduction of income-tax at source from “Salaries”, computation of “advance tax” an...
    News Bills
    Rates for deduction of income-tax at source during the financial year (FY) 2020-21 from certain inco...
    News Bills
    Rates of income-tax in respect of income liable to tax for the assessment year 2020-21.
    News Bills
    Rates for deduction of income-tax at source from “Salaries”, computation of “advance tax” an...
    News Bills
    Rate of Tax for TDS / Advance Tax -  Individual, Hindu undivided family, association of persons, bo...
    News Bills
    Rate of Tax for TDS / Advance Tax -  Co-operative Societies
    News Bills
    Rate of Tax for TDS / Advance Tax -  Firms
    News Bills
    Rate of Tax for TDS / Advance Tax -  Local authorities
    News Bills
    Rate of Tax for TDS / Advance Tax -  Companies
    News Bills
    WIDENING AND DEEPENDING OF TAX BASE - Tax Deduction at Source (TDS) on payment by Individual/HUF to ...
    News Bills
    TDS at the time of purchase of immovable property
    News Bills
    Deemed accrual of gift made to a person outside India
    News Bills
    Mandatory furnishing of return of income by certain persons
    News Bills
    Inter-changeability of PAN & Aadhaar and mandatory quoting in prescribed transactions.
    News Bills
    Consequence of not linking PAN with Aadhaar
    News Bills
    Widening the scope of Statement of Financial Transactions (SFT)
    News Bills
    MEASURES FOR PROMOTING LESS CASH ECONOMY - Prescription of electronic mode of payments
    News Bills
    TDS on cash withdrawal to discourage cash transactions
❮
❯
❯❯
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
New concessional tax regime for individuals and HUFs allows optional slab taxation with strict deduction and withdrawal conditions.
Insertion of section 115BAC allows individuals and HUFs to opt into a concessional tax regime from assessment year 2021-22 under specified slab rates, subject to conditions: limited permitted allowances, broad disallowance of exemptions and deductions (including many section 10 exemptions, chapter VI-A deductions, and certain depreciation and loss set-offs), prescribed treatment of depreciation and transitional written-down value adjustment, prescribed exercise and withdrawal mechanics, and consequential exclusion from AMT and AMT credit carry-forward provisions.
News Bills
Show AI Summary
Concessional tax option for resident co-operative societies permits a reduced corporate rate subject to strict disallowances.
A new provision allows resident co-operative societies to opt for a concessional tax regime from the assessment year beginning 1 April 2021 where the society elects the option by the prescribed due date; the option is irrevocable and applies to subsequent years. Eligibility requires computing total income without specified deductions or incentives and without set-off of earlier losses or depreciation attributable to those disallowed items; such losses and depreciation are deemed given full effect and barred from future deduction, with prescribed written down value adjustments for unabsorbed depreciation. The regime attracts a 10 per cent surcharge and excludes applicability of Alternate Minimum Tax and related credit carryforward.
News Bills
Show AI Summary
Tax rate structure and withholding: optional new regimes affect salary TDS, advance tax and surcharge treatment.
Part III of the First Schedule prescribes slab-based TDS rates on salaries, advance tax computation rules and surcharge bands with marginal relief for individuals, HUFs, co-operative societies, firms, local authorities and companies; it retains distinct corporate rates tied to turnover, applies a health and education cess, and creates elective alternate tax regimes including optional taxation under section 115BAC for individuals/HUFs and section 115BAD for resident co-operative societies, which affect rate computation and surcharge treatment.
News Bills
Show AI Summary
Tax Deduction at Source: rates remain as prior year; new sections added and section 194 rate amended.
Tax deduction at source rates for non-salary incomes in FY 2020-21 remain as specified in the prior year schedule; section-specific deduction provisions persist. New sections 194K and 194O specify rates within those sections, and the rate under section 194 is revised to a rate stated in the Bill. Surcharge provisions apply to non-resident recipients by category and income bands, and Health and Education Cess continues to apply on income tax including surcharge.
News Bills
Show AI Summary
Surcharge tiers on income-tax established by taxpayer class and income bands; marginal relief and health and education cess apply.
The Bill prescribes tax rates for assessment year 2020-21 and establishes a multi-tier surcharge regime differentiated by taxpayer class and income bands, with specific caps on surcharge for income taxed under certain provisions. Marginal relief is provided to temper surcharge effects at thresholds. A Health and Education Cess is levied at a fixed rate on income tax inclusive of surcharge, with no marginal relief available for the cess.
News Bills
Show AI Summary
Rates for deduction of income-tax at source from salaries set and applied to advance tax and special-case assessments.
Part III of the First Schedule prescribes rates for deduction of income-tax at source from salaries and for computation of advance tax for the financial year 2019-20; those rates also apply to charging income-tax on current incomes in special assessment cases such as provisional assessment of non-resident shipping profits, assessments of persons leaving India, persons likely to transfer property to avoid tax, and short-duration bodies.
News Bills
Show AI Summary
Income-tax rates and surcharge rules set slab-based taxation with a graduated surcharge and limits on surcharge impact.
Slab-based income tax rates are prescribed for individuals, HUFs, AOPs, BOIs and artificial juridical persons with separate resident senior citizen slabs; computed tax is subject to a graduated surcharge for higher incomes, accompanied by a cap mechanism preventing the total tax-plus-surcharge on an income from exceeding the tax at the relevant bracket threshold by more than the excess income above that threshold.
News Bills
Show AI Summary
Tax rates for co-operative societies remain unchanged; a surcharge with a cap applies to high income societies.
Rates of income-tax for co-operative societies remain as specified in Paragraph B of Part III of the First Schedule to the Finance Bill, unchanged from the prior year. A surcharge applies to the income-tax of societies exceeding a high-income threshold, subject to a cap that prevents total tax and surcharge from exceeding the tax at the threshold by more than the excess income.
News Bills
Show AI Summary
Firm tax rate unchanged; surcharge applies to high income firms with a statutory cap limiting surcharge on excess income.
Rate of tax for firms for TDS and advance tax remains unchanged from the prior year; a surcharge of twelve per cent is levied where a firm's total income exceeds one crore rupees, subject to a cap that limits the aggregate income tax and surcharge on income above the threshold to not exceed the tax on the threshold amount by more than the excess income.
News Bills
Show AI Summary
Surcharge on local authority income applies above a threshold, with a statutory cap limiting aggregate tax increase.
The income-tax rate for local authorities is maintained at the prior year's level for purposes of TDS and advance tax; a statutory surcharge is levied where total income exceeds a prescribed threshold. A statutory cap limits the combined income-tax and surcharge so that the aggregate tax on income above the threshold does not exceed the income-tax payable as if income equalled the threshold by more than the excess income.
News Bills
Show AI Summary
Corporate tax rate revised, varying by domestic status; surcharge and health and education cess apply.
Income tax rates for companies distinguish domestic and other companies, with domestic companies below a specified turnover threshold subject to a lower rate and others taxed at a higher rate. Surcharge is levied in graded bands for domestic and non domestic companies, with marginal relief caps limiting excess tax attributable to incomes above prescribed thresholds. Certain specified company cases attract a prescribed surcharge rate. A Health and Education Cess is levied on tax including surcharge, and marginal relief is not available in respect of that cess.
News Bills
Show AI Summary
TDS on individual and HUF payments to contractors and professionals: new withholding applies above threshold; PAN may be used instead of TAN.
Section 194M imposes withholding on payments by individuals and Hindu undivided families to resident contractors and professionals where the aggregate annual payments exceed the statutory threshold; tax is to be deducted at the prescribed withholding rate and may be deposited using the payer's Permanent Account Number, relieving such payers from the requirement to obtain a Tax Deduction Account Number.
News Bills
Show AI Summary
TDS on transfer of immovable property now covers ancillary charges, expanding 'consideration' to include fees incidental to sale.
The Explanation to Section 194-IA is amended to state that consideration for immovable property includes ancillary charges payable by the buyer-such as club membership, car parking, electricity and water facility fees, maintenance fees, advance fees and other similar incidental charges-thereby making these amounts part of the taxable base for TDS on transfer of immovable property other than agricultural land.
News Bills
Show AI Summary
Deemed accrual of gifts: transfers by Indian residents to nonresidents treated as taxable in India under new provision.
Gifts of money or property made by a person resident in India to a person outside India, where the property is situated in India or sums are paid, are deemed to accrue or arise in India for tax purposes when made on or after 5 July 2019; existing statutory gift exemptions continue to apply and applicable DTAA provisions remain operative. The amendment takes effect from 1 April 2020 and applies to assessment year 2020-21 onward.
News Bills
Show AI Summary
Mandatory return filing for high-value transactions expands to include transaction and rollover-based filing triggers.
Amendments mandate filing of income tax returns by individuals who, during the previous year, undertake specified high-value transactions-including large current account deposits, significant foreign travel expenditure, or substantial electricity consumption-or meet other prescribed conditions; and require persons claiming capital gains rollover exemptions on reinvestment in specified assets to file returns when their pre-rollover total income exceeded the basic exemption limit, even if post-claim income is below that limit.
News Bills
Show AI Summary
Inter-changeability of PAN and Aadhaar: Aadhaar may be quoted in lieu of PAN and recipients must ensure authentication.
Proposed amendments allow a person required to quote PAN to furnish an Aadhaar number in lieu of PAN and provide that persons entering certain prescribed transactions who lack a PAN must apply for one; recipients of documents must ensure PAN or Aadhaar is duly quoted and authenticated, and a penalty provision is amended to enforce compliance.
News Bills
Show AI Summary
PAN-Aadhaar linkage: failure to intimate Aadhaar renders PAN inoperative while preserving prior transactions under proposed amendment.
Failure to intimate Aadhaar will result in the PAN being made inoperative in the prescribed manner rather than being deemed invalid, with an express provision preserving the validity of transactions previously carried out through that PAN; the amendment is prospective and will take effect from the notified effective date.
News Bills
Show AI Summary
Statement of Financial Transactions reporting: expanded mandatory reporting, threshold removed and penalties broadened to enhance tax pre-filling.
Mandatory reporting under the Statement of Financial Transactions is widened to require additional prescribed persons to furnish SFTs, the existing aggregate transaction threshold for reporting is removed to include small-value transactions, defects unrectified within the prescribed time will be treated as furnishing inaccurate information, and penalty provisions are expanded to cover all reporting entities; these amendments take effect from 1st September, 2019.
News Bills
Show AI Summary
Electronic payment requirement extended to include prescribed electronic modes, altering payment compliance and tax treatment from specified effective dates.
Amendments add "other electronic mode as may be prescribed" to the list of acceptable non cash payment modes across multiple income tax provisions, so payments or receipts through prescribed electronic instruments will satisfy statutory conditions for donation exemption, capital expenditure recognition, disallowance avoidance, actual cost determination, stamp duty linked valuation, presumptive taxation eligibility, and employment related deductions. The changes apply from specified effective dates: most tax treatment provisions from 1 April 2020 and the prohibitions on specified cash receipts/repayments from 1 September 2019.
News Bills
Show AI Summary
TDS on cash withdrawals to apply when annual cash withdrawals exceed a threshold, with specified institutional exemptions.
Section 194N creates a TDS obligation on cash payments from a recipient's account by banks, cooperative banks and post offices when annual aggregate cash withdrawals exceed a prescribed threshold, targeting reduction of cash transactions; specified institutional recipients are exempted, and the Central Government may notify further exemptions in consultation with the Reserve Bank of India, with a statutory commencement provision.

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