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
    Summons, Searches and Show Cause Notices - Parallel GST Adjudications: Defining 'Proceedings' u/s 6(...
    Consolidated SCNs, Cross-Examination and the Limits of Writ Relief in GST Adjudication
    Act RulesIncome Tax
    Comparison of SCHEDULE XVI "PERMITTED MODES OF INVESTMENT OR DEPOSITS" between the Income-Tax Act, 2...
    Act RulesIncome Tax
    Comparison of SCHEDULE-XV "DEDUCTION IN RESPECT OF LIFE INSURANCE PREMIA, CONTRIBUTION TO PROVIDENT ...
    Act RulesIncome Tax
    Comparison of SCHEDULE XIV "INSURANCE BUSINESS" between the Income-Tax Act, 2025 (as passed) and the...
    Act RulesIncome Tax
    Comparison of SCHEDULE XI "RECOGNISED PROVIDENT FUNDS" between the Income-Tax Act, 2025 (as passed) ...
    Act RulesIncome Tax
    Comparison of SCHEDULE X "DEDUCTION FOR SITE RESTORATION FUND FOR COMPUTING INCOME UNDER THE HEAD "P...
    Act RulesIncome Tax
    Comparison of SCHEDULE IX "DEDUCTION FOR TEA DEVELOPMENT ACCOUNT, COFFEE DEVELOPMENT ACCOUNT AND RUB...
    Act RulesIncome Tax
    Comparison of SCHEDULE VIII "INCOME NOT TO BE INCLUDED IN THE TOTAL INCOME OF POLITICAL PARTIES AND ...
    Act RulesIncome Tax
    Comparison of SCHEDULE VII "PERSONS EXEMPT FROM TAX" between the Income-Tax Act, 2025 (as passed) an...
    Act RulesIncome Tax
    Comparison of SCHEDULE VI "INCOME NOT TO BE INCLUDED IN TOTAL INCOME OF CERTAIN ELIGIBLE PERSONS IN ...
    Act RulesIncome Tax
    Comparison of SCHEDULE V "INCOME NOT TO BE INCLUDED IN TOTAL INCOME OF CERTAIN ELIGIBLE PERSONS INCL...
    Act RulesIncome Tax
    Comparison of SCHEDULE IV "INCOME NOT TO BE INCLUDED IN TOTAL INCOME OF ELIGIBLE NON-RESIDENTS, FORE...
    Act RulesIncome Tax
    Comparison of SCHEDULE III "INCOME NOT TO BE INCLUDED IN TOTAL INCOME OF ELIGIBLE PERSONS" between t...
    Act RulesIncome Tax
    Comparison of SCHEDULE II "INCOME NOT TO BE INCLUDED IN TOTAL INCOME" between the Income-Tax Act, 20...
    Act RulesIncome Tax
    Comparison of SCHEDULE I "CONDITIONS FOR CERTAIN ACTIVITIES NOT TO CONSTITUTE BUSINESS CONNECTION IN...
    Act RulesIncome Tax
    Comparison of section 536 "Repeal and savings." between the Income-Tax Act, 2025 (as passed) and the...
    Act RulesIncome Tax
    Comparison of section 524 "Presumption as to assets, books of account, etc." between the Income-Tax ...
    Act RulesIncome Tax
    Comparison of section 515 "Appearance by authorised representative." between the Income-Tax Act, 202...
    Act RulesIncome Tax
    Comparison of section 511 "Furnishing of report in respect of international group." between the Inco...
❯❯
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
    Case LawsGST
    Show AI Summary
    GST enforcement: summons/searches are investigative; show cause notices mark formal proceedings and define subject matter.
    Issuance of summons, searches and seizures are investigative steps and do not constitute initiation of proceedings; formal adjudicatory commencement is principally the issuance of a show cause notice which defines the subject matter. The subject matter is determined from the show cause notice, and a twofold test-identity of liability on the same facts and identity or overlap of relief sought-governs whether two proceedings are the same. Cross-empowerment permits intelligence-based action by either authority, but parallel adjudications on identical subject matter are barred; authorities must coordinate and share information.
    Case LawsGST
    Show AI Summary
    GST: consolidated SCNs valid for connected-period fraud, cross-examination limited unless prejudice shown.
    The adjudicating authority must consider representations and hearings under section 74(9), but the right to cross-examination in SCN proceedings is not absolute and requires demonstrable prejudice to vitiate adjudication. Sections 73 and 74 allow consolidated SCNs across periods when connected fraudulent invoice chains exist. Orders must remain within the grounds and amounts specified in the SCN, and writ jurisdiction should be declined where an efficacious statutory appeal under section 107 is available absent exceptional circumstances.
    Act RulesIncome Tax
    Show AI Summary
    Permitted Modes of Investment: clarifies eligible instruments for registered non profit funds under section 350 compliance.
    The schedule lists closed, enumerated permitted modes of investment for monies under section 350, privileging government backed and regulated instruments, specified sectoral debt and equity, deposits with public authorities, and notified schemes; it defines key terms (e.g., long term finance as five year minimum) and preserves transitional and historical exceptions including a one year short term holding rule for non specified assets and preservation of corpus assets held on specified historical dates.
    Act RulesIncome Tax
    Show AI Summary
    Deduction for specified payments: qualifying contributions allowed, but breach or early disposal triggers recapture of previously allowed deductions.
    Schedule XV lists payments that qualify for deduction under section 123-notably life insurance premia subject to quantitative ceilings by policy issue date and disability status, specified provident/pension/superannuation contributions, notified securities and mutual fund units, certain term deposits and housing finance repayments-and sets withdrawal and recapture rules whereby surrender, premature transfer, early withdrawal or sale within holding periods causes previously allowed deductions to be treated as income; definitions and eligibility depend on cross-references and delegated notifications.
    Act RulesIncome Tax
    Show AI Summary
    Life insurance taxable profit computed by annual average of actuarial surplus, separate from other business for tax purposes.
    Life insurance taxable profit must be computed separately as the annual average of actuarial surplus from statutory valuations excluding earlier inter-valuation surplus/deficits, with specified add-backs; non-life taxable income is the profit before tax and appropriations per statutory accounts subject to enumerated tax adjustments, and non-resident branch profits may be allocated by India-premium proportion absent suitably reliable alternative data.
    Act RulesIncome Tax
    Show AI Summary
    Recognition conditions for provident funds determine tax treatment and trustee obligations, with investment limits tied to securities definitions.
    Schedule XI conditions tax-favourable treatment of recognised provident, superannuation and gratuity funds on structural and operational criteria (trust form, vesting, non-revocability, employee coverage, permitted assets and payment rules); recognition/approval is discretionary and revocable; failures attract inclusion of accumulated balances or contributions in employee income and procedural obligations such as TDS; trustees face record-keeping, reporting and potential liability, while the Board may make rules subject to statutory limits and section 534 oversight.
    Act RulesIncome Tax
    Show AI Summary
    Deduction for site restoration funds: designated SBI deposits allow capped tax relief but trigger deeming on improper use.
    A deduction permits upstream petroleum and natural gas taxpayers to deduct amounts deposited in designated site restoration accounts held with the State Bank of India, limited to the lesser of actual deposits or 20% of business profits before the deduction; deposits and interest are treated as account balance, withdrawals are restricted to scheme permitted uses, and improper utilisation or account closure triggers deeming provisions or disallowance, with an eight year clawback on asset sales subject to narrow exceptions.
    Act RulesIncome Tax
    Show AI Summary
    Deduction for development account deposits: allowable up to 40% of profits, subject to strict deposit, audit and claw back rules.
    The Schedule allows growers and manufacturers of tea, coffee and rubber to deduct deposits into prescribed development accounts up to the lesser of actual deposits or 40% of business profits, subject to carrying on the specified business in India, depositing funds in specified special or deposit accounts under board or National Bank schemes, and furnishing a prescribed audited report by the specified date; unauthorised withdrawals or use for specified articles are deemed taxable and assets acquired from such funds are subject to claw back if sold or transferred within eight years.
    Act RulesIncome Tax
    Show AI Summary
    Income exclusion for political funding conditioned on transparency, recordkeeping, prescribed receipt modes and distribution obligations.
    The Schedule excludes specified receipts from total income of eligible political parties and electoral trusts-covering property income, other sources, capital gains and voluntary contributions for registered parties, and voluntary contributions for electoral trusts-conditional on maintenance of books, audited accounts, prescribed filing of returns, donor identification for significant contributions, prescribed modes of receipt for larger donations, distribution obligations for electoral trusts, and cross-referenced compliance with electoral and banking statutory provisions.
    Act RulesIncome Tax
    Show AI Summary
    Persons exempt from tax: categories qualify for total income exclusion subject to approvals, notifications and prescribed conditions.
    Schedule VII lists 48 categories of persons whose total income is exempt from income tax subject to specified conditions: approvals by tax/regulatory authorities, Central Government notifications, prescribed financing thresholds to qualify as wholly or substantially government financed, and defined time limited exemptions for certain financing institutions. The Schedule relies on six Notes for statutory definitions and cross references other income tax provisions (including treatment of anonymous donations) to determine exclusion from total income.
    Act RulesIncome Tax
    Show AI Summary
    IFSC tax exclusion for specified financial incomes conditions relief on non-resident unit-holding, convertible receipts and prescribed rules.
    Schedule VI excludes specified IFSC-related income from "total income" for defined eligible persons, listing discrete income heads (capital gains on IFSC exchange transfers, securities transfers, securitisation trust receipts, derivative and portfolio receipts, royalty/interest on aircraft/ship leases, specified fund returns, dividends of IFSC leasing units, and interest payable by IFSC units) together with conditional eligibility tied to convertible foreign exchange receipt, non-resident unit-holdings, commencement-of-operations windows, regulatory registration, and delegated computational prescriptions.
    Act RulesIncome Tax
    Show AI Summary
    Tax exclusion for institutional investment vehicles: conditional non inclusion of specified income subject to regulatory compliance and clawback.
    Schedule V excludes specified income from total income for defined eligible persons-investment funds, business trusts (including REITs/InvITs), venture capital vehicles and certain foreign public investors-operating as a negative list subject to conditions and Notes. Exclusions include non business dividend and interest for investment funds, SPV interest/dividend exemptions for business trusts, REIT rental income exclusions for directly owned assets, and a layered specified person exemption with holding period, investment type, proportional computation, carve outs and clawback rules; implementation relies on cross references to SEBI/RBI/IFSC rules and Board guidelines.
    Act RulesIncome Tax
    Show AI Summary
    Non resident exemptions conditioned on residency, limited presence and Central Government notification restrict exclusions from taxable income.
    Schedule IV excludes specified receipts from total income of defined non residents and foreign companies where each listed entry identifies the income class, eligible person and conditions for exclusion. Exclusions depend on factual predicates-residency under foreign exchange rules, limited period of presence, absence of employer taxable presence in India, RBI permissions for NR(E) accounts-and on Central Government notification or approved agreements. Key categories include NR(E) account interest, diplomatic remuneration, short term foreign employee remuneration, specified royalties/fees, Offshore Banking Unit deposits, intra group cruise lease rentals, regional community investments and notified crude oil arrangements.
    Act RulesIncome Tax
    Show AI Summary
    Income exclusions from total income: targeted, conditional exemptions rely on prescribed procedures and cross referenced regulations.
    Schedule III excludes specified categories of receipts from total income for designated eligible persons, linking each excluded income to eligible person categories and conditional provisos. It covers personal reliefs (pensions, allowances, capped partial NPS withdrawals), partnership and family allocations, disaster compensation, conditional sectoral subsidies and institutional exemptions (research, khadi, securitisation, investor protection and settlement funds), and relies on prescribed procedures, certificates and cross references to subordinate legislation for operability.
    Act RulesIncome Tax
    Show AI Summary
    Life insurance exemption tightened by period, premium ratio and aggregate premium tests, altering tax treatment of policy and IFSC receipts.
    Schedule II excludes specified classes of income from total income while imposing conditional tests on life insurance and retirement/savings receipts. Life insurance exclusions depend on policy issue periods, premium to sum assured ratios, aggregate premium ceilings and express ineligibility for certain receipts. Provident fund interest attributable to large post cut off contributions is excluded from exemption with the non excluded portion to be computed as prescribed. The Schedule adds an equalisation levy exclusion interacting with treaty notifications and treats IFSC issued policies differently under a targeted aggregate premium carve out.
    Act RulesIncome Tax
    Show AI Summary
    Business connection safe harbour for non-resident funds: compliance thresholds determine Indian tax nexus exclusion.
    The Schedule establishes a safe harbour whereby certain non-resident investment funds and eligible fund managers will not constitute a business connection in India if they satisfy exhaustive investor-composition, concentration, corpus, independence, non-control, prohibited-associate-investment and arm's-length remuneration conditions, with specified carve-outs, transitional reliefs, registration requirements under prescribed securities-regulator frameworks, and filing and record keeping obligations to substantiate compliance.
    Act RulesIncome Tax
    Show AI Summary
    Savings on repeal preserve procedural and substantive continuity for matters tied to earlier tax years under the repealed regime.
    The repeal provision preserves continuation of rights, obligations and proceedings relating to tax years beginning before the statutory cut-off by deeming prior actions, elections, penalties, refunds, recovery, carry-forwards of losses, credits and depreciation to remain effective and by allowing pending and certain later-initiated proceedings to be conducted under the repealed procedural rules; it invokes the General Clauses Act for repeal effect and specifies fallback mechanics for schemes where no corresponding provision exists in the new Act.
    Act RulesIncome Tax
    Show AI Summary
    Presumption of ownership and authenticity expands to electronic records, increasing evidentiary weight in tax proceedings.
    The provision establishes rebuttable presumptions in proceedings under the Income tax enactment that items found in a search or survey-or delivered to a requisitioning officer-belong to the person in whose possession or control they are found and that books, documents, signatures and executions are true/authentic; the enacted text expressly extends those presumptions to electronic information and computer systems and adds a specific presumption that recorded electronic exchanges are exchanged between the purported parties.
    Act RulesIncome Tax
    Show AI Summary
    Authorised representative rules limit who may represent taxpayers, set disqualification grounds, and preserve appeal rights.
    The provision permits an assessee to attend proceedings before income tax authorities and the Appellate Tribunal through an authorised representative drawn from an enumerated list, subject to written authorisation and exclusions; personal attendance is required where examination on oath or affirmation is mandated. The definition of authorised representative and of "accountant" contains specific exceptions to prevent conflicts of interest, while disqualification rules-based on dismissal from service, insolvency, specified convictions or prior penalties-apply with procedural safeguards including opportunity to be heard and a one month appeal to the Board. Several qualifications and categories are to be determined by subordinate prescription, and transitional cross references to prior statutes determine legacy practitioner recognition.
    Act RulesIncome Tax
    Show AI Summary
    Country-by-country reporting requires Indian resident entities to notify authorities and file consolidated international group reports.
    Section 511 establishes a country by country reporting regime requiring Indian resident constituent entities with non resident parents to notify the prescribed income tax authority regarding designation as an alternate reporting entity and to provide parent/alternate details, while Indian resident parent or alternate reporting entities must furnish consolidated reports in the prescribed form and manner; fallback filing applies where foreign jurisdictions do not file or exchange reports or where a systemic failure is intimated, and exemptions apply if consolidated group revenue falls below a prescribed threshold.

    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