Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 TMI Notes - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws----
  • ---- All Laws----
  • Benami Property
  • Bill
  • Central Excise
  • Companies Law
  • Customs
  • DGFT
  • FEMA
  • GST
  • GST - States
  • IBC
  • Income Tax
  • Indian Laws
  • Money Laundering
  • SEBI
  • SEZ
  • Service Tax
  • VAT / Sales Tax
Types:
---- All Types ----
  • ---- All Types ----
  • Act Rules
  • Case Laws
  • Circulars
  • Manuals
  • News
  • Notifications
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
RelevanceDefaultDate
    NewsBills
    Alignment of provisions of section 45(5A) with the TDS provisions of section 194-IC
    NewsBills
    Rationalisation of exempt income under life insurance policies
    NewsBills
    Preventing permanent deferral of taxes through undervaluation of inventory
    NewsBills
    Special provision for taxation of capital gains in case of Market Linked Debentures
    NewsBills
    Limiting the roll over benefit claimed under section 54 and section 54F
    NewsBills
    Increasing rate of TCS of certain remittances
    NewsBills
    TDS and taxability on net winnings from online games
    NewsBills
    Preventing misuse of presumptive schemes under section 44BB and section 44BBB
    NewsBills
    Removal of exemption from TDS on payment of interest on listed debentures to a resident
    NewsBills
    Tax avoidance through distribution by business trusts to its unit holders
    NewsBills
    Removal of exemption of news agency under clause (22B) of section 10
    NewsBills
    Extending deeming provision under section 9 to gift to not-ordinarily resident
    NewsBills
    Extending the scope for deduction of tax at source to lower or nil rate
    NewsBills
    Increasing threshold limits for presumptive taxation schemes
    NewsBills
    Ease in claiming deduction on amortization of preliminary expenditure
    NewsBills
    15% concessional tax to promote new manufacturing co-operative society
    NewsBills
    Facilitating certain strategic disinvestment
    NewsBills
    Exemption to development authorities etc.
    NewsBills
    Tax Incentives to International Financial Services Centre
    NewsBills
    Conversion of Gold to Electronic Gold Receipt and vice versa
❯❯
MaximizeMaximizeMaximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

    +

    Are you sure you want to delete "My most important" ?

    NOTE:

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

    TMI Notes

    Back

    All TMI Notes

    Showing Results for :
    Reset Filters
      No Records Found

      TMI Notes

      Back

      All TMI Notes

      whatsappJoin Channel
      Showing Results for : Reset Filters

      Tax Deduction at Source on Contractual and Professional Payments : Clause 393(1)[Table: S.No. 6(ii)] of Income Tax Bill, 2025 Vs. Section 194M of the Income-tax Act, 1961

      24 June, 2025

      Contents
      Acts
      Rules & Regulations
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      Clause 393 Tax to be deducted at source.

      Income Tax Bill, 2025

      Legal Commentary on

      Introduction

      The mechanism of Tax Deduction at Source (TDS) is a cornerstone of the Indian income tax regime, ensuring steady revenue inflow to the government and promoting tax compliance at the source of income generation. Over the years, the scope and application of TDS provisions have evolved, adapting to changing economic realities and policy objectives. Two such provisions - Clause 393(1)[Table: S.No. 6(ii)] of the Income Tax Bill, 2025 and Section 194M of the Income-tax Act, 1961-are particularly significant for individuals and Hindu Undivided Families (HUFs) making substantial payments for contractual work, professional services, or commissions/brokerages. This commentary provides a comprehensive analysis of Clause 393(1)[Table: S.No. 6(ii)], explores its legislative intent, practical implications, and potential ambiguities, and juxtaposes it with the existing Section 194M to elucidate continuities, changes, and implications for stakeholders.

      Objective and Purpose

      The legislative intent behind introducing specific TDS provisions for individuals and HUFs not engaged in business or professional activities, or not otherwise liable to deduct TDS under the main business provisions (such as Sections 194C, 194H, or 194J), is to widen the tax base and plug potential revenue leakages. Historically, individuals and HUFs making high-value payments for personal or non-business purposes could escape the TDS net, creating a compliance gap and facilitating tax evasion or under-reporting by recipients. Section 194M, inserted by the Finance (No. 2) Act, 2019, addressed this gap by mandating TDS on certain payments by individuals/HUFs exceeding a prescribed threshold. The Income Tax Bill, 2025, through Clause 393(1)[Table: S.No. 6(ii)], seeks to continue and rationalize this regime, possibly with refinements in scope, definitions, and compliance requirements, as part of a broader overhaul of the TDS framework.

      Detailed Analysis of Clause 393(1)[Table: S.No. 6(ii)] of the Income Tax Bill, 2025

      1. Structure and Scope of the Provision

      Clause 393(1) lays down the general rule for TDS, specifying that where any income or sum of the nature specified in the accompanying Table is credited or paid by the person specified, to a resident, the payer shall deduct income-tax at the specified rate, subject to threshold limits and timing rules. The Table is organized by serial numbers, each corresponding to a category of payment or income.

      Serial No. 6(ii) reads as follows:

      • Nature of Payment: Any sum-
        • (a) for carrying out any work (including supply of labour for carrying out any work) in pursuance of a contract; or
        • (b) by way of fees for professional services; or
        • (c) by way of commission [not being insurance commission referred to in serial number 1(i)] or brokerage.
      • Payer: Any person, being an individual or Hindu undivided family [other than those required to deduct income-tax as per Sl. No. 6(i) and (iii) or Sl. No. 1(ii)].
      • Rate: 2%.
      • Threshold limit: Rs. 50,00,000.

      This provision essentially covers high-value payments by individuals or HUFs (not otherwise required to deduct tax under the main business/professional TDS provisions) for contractual work, professional services, commission, or brokerage, with a threshold of Rs. 50 lakh per financial year, and a TDS rate of 2%.

      2. Definitions and Exclusions

      • Payer: The provision applies to individuals or HUFs who are not required to deduct TDS under:
        • Sl. No. 6(i): Payments by a "designated person" (typically those in business/profession with turnover above a threshold, akin to the main TDS provisions under the 1961 Act such as 194C, 194H, or 194J).
        • Sl. No. 6(iii): Payments by a "specified person" (possibly companies, firms, etc. as defined elsewhere).
        • Sl. No. 1(ii): Commission or brokerage by a "specified person".
      • Nature of Payments: The terms "work", "professional services", "commission", and "brokerage" are not defined in the extract, but are likely to adopt definitions similar to those in the current 1961 Act:
        • "Work" (as per 194C Explanation): Includes advertising, broadcasting, carriage of goods/passengers, catering, manufacturing/supplying product as per customer specification, etc.
        • "Professional services" (as per 194J Explanation): Includes services rendered by legal, medical, engineering, architectural, accountancy, technical consultancy, interior decoration, etc.
        • "Commission or brokerage" (as per 194H Explanation): Any payment received/directly/indirectly for services rendered in the course of buying/selling goods, transactions relating to any asset, valuable article, or thing, excluding insurance commission.
      • Threshold Limit: No TDS is required if the sum, or aggregate of sums, paid to a resident during the financial year does not exceed Rs. 50,00,000. This is a significant threshold, ensuring that only high-value transactions are covered, thus balancing compliance burden with revenue interests.
      • Rate: The TDS rate is 2% of the sum paid or credited.
      • Timing: TDS is to be deducted at the time of credit or payment, whichever is earlier.

      3. Procedural Aspects and Compliance

      • Exemption from Main TDS Provisions: The provision applies only if the payer is not otherwise liable to deduct tax under the main TDS sections (i.e., not in business/profession above prescribed turnover, not a company/firm, etc.). This ensures that there is no overlap or double deduction.
      • Aggregation: The threshold applies on an aggregate basis for payments to each payee during the financial year, requiring payers to monitor cumulative payments for compliance.
      • Rate and Nature of Deduction: The flat 2% rate applies regardless of the nature of underlying service (work, professional, commission), simplifying compliance.
      • Documentation and Reporting: The provision does not specify PAN requirements, TDS certificate issuance, or return filing, but these may be detailed in rules or subsequent sections. Under the current Section 194M, there is no requirement to obtain a TAN (Tax Deduction Account Number), easing compliance for individuals/HUFs-whether this continues under the new provision would depend on subordinate legislation.
      • Exclusions: Payments for personal purposes are not explicitly excluded in the main text, but under the "No Deduction at Source" Table, payments by individuals/HUFs exclusively for personal purposes are exempt-this aligns with the policy of not burdening personal/non-commercial transactions with TDS compliance.

      4. Interplay with Other Provisions and Ambiguities

      • Overlap with Other TDS Provisions: The clause is carefully drafted to avoid overlap with Sl. No. 6(i) (business/profession payers) and 6(iii) (specified persons). However, practical issues may arise if the status of the payer changes during the year, or if there is ambiguity in classification.
      • Definition of Terms: The lack of explicit definitions in the Bill may create interpretative ambiguity, especially if the definitions in the 1961 Act are amended or repealed. Judicial guidance or clarificatory circulars may be required to resolve disputes.
      • Aggregation and Threshold Calculation: The provision requires aggregation of payments for threshold determination, but does not clarify whether this is on a contract-wise or payee-wise basis. The prevailing practice is payee-wise aggregation, but explicit clarification would aid compliance.
      • Nature of Payment: The inclusion of both "work" and "professional services" ensures wide coverage, but may also lead to interpretative disputes where the distinction is blurred (e.g., technical consultancy vs. contract work).
      • No Deduction at Source Table: As per Sl. No. 8(b) and Sl. No. 9, payments exclusively for personal purposes by individuals/HUFs are exempt from TDS, providing relief for non-commercial transactions and aligning with the legislative intent of targeting only large, non-personal payments.

      Practical Implications

      • For Individuals and HUFs: The provision brings high-value, non-business payments by individuals/HUFs within the TDS net, requiring them to monitor payments, deduct tax, deposit it with the government, and comply with reporting requirements. While the high threshold of Rs. 50 lakh limits the scope to significant transactions (such as construction contracts, large professional fees, property renovations, etc.), it does impose compliance on non-business taxpayers who may not be familiar with TDS processes.
      • For Recipients (Contractors, Professionals, Agents): The provision ensures greater reporting and traceability of high-value income, reducing the scope for tax evasion. However, it may also lead to cash flow issues if TDS is not appropriately credited, and require recipients to reconcile TDS credits in their tax returns.
      • For Tax Authorities: The provision enhances the ability to track high-value transactions and widen the tax base, but also necessitates clear administrative guidance to address ambiguities and ensure smooth compliance by non-business payers.
      • Compliance Requirements: While procedural relaxations (such as exemption from TAN in Section 194M) reduce compliance burden, the need to monitor cumulative payments, deduct and deposit TDS, and issue TDS certificates remains a challenge for individuals/HUFs not accustomed to tax withholding obligations.

      Comparative Analysis with Section 194M of the Income-tax Act, 1961

      1. Text of Section 194M

      Section 194M, inserted by the Finance (No. 2) Act, 2019 (effective from 1 September 2019), provides as follows:

      • Any individual or HUF (other than those required to deduct tax under 194C, 194H, or 194J) responsible for paying any sum to a resident for carrying out any work (including supply of labour), commission (not being insurance commission), brokerage, or fees for professional services, shall deduct TDS at 2% (w.e.f. 1 October 2024; earlier 5%) if the aggregate payments exceed Rs. 50,00,000 in a financial year.
      • No requirement to obtain TAN (Section 203A not applicable).
      • Definitions of "contract", "commission or brokerage", "professional services", and "work" are as per corresponding explanations in Sections 194C, 194H, and 194J.

      2. Key Similarities

      • Coverage: Both provisions apply to individuals/HUFs not otherwise liable to deduct TDS under the main business/professional TDS sections, and cover payments for contract work, professional services, and commission/brokerage.
      • Threshold: Both have a threshold of Rs. 50 lakh per financial year, ensuring only high-value payments are covered.
      • Rate: Both prescribe a TDS rate of 2% (Section 194M was amended from 5% to 2% effective 1 October 2024).
      • Timing: Both require deduction at the time of credit or payment, whichever is earlier.
      • Definitions: Both rely on definitions from the main TDS sections for key terms, ensuring consistency and clarity.
      • Aggregation: Both require aggregation of payments to each payee for threshold determination.
      • Exemption for Personal Purposes: Both exempt payments made exclusively for personal purposes by individuals/HUFs from TDS, aligning with the policy of targeting only non-personal, high-value transactions.

      3. Key Differences and Evolution

      • Structural Integration: Clause 393(1)[Table: S.No. 6(ii)] is part of a comprehensive, tabular TDS regime in the 2025 Bill, integrating various TDS provisions into a single framework, whereas Section 194M is a standalone section in the 1961 Act.
      • Reference to Other Provisions: The new provision cross-references other serial numbers in the Table (e.g., excluding those liable under 6(i), 6(iii), 1(ii)), while Section 194M refers to 194C, 194H, and 194J. The underlying intent is similar, but the drafting is adapted to the new structure.
      • Definitions: Section 194M explicitly adopts definitions from other sections, while the Bill relies on cross-references and may require reading definitions from elsewhere in the Bill or subordinate legislation.
      • Procedural Relaxations: Section 194M explicitly exempts payers from obtaining a TAN, easing compliance. The Bill's provision does not specify this, leaving the matter to rules or administrative instructions. If the exemption continues, it would be a significant relief for non-business payers.
      • Wording and Clarity: The Bill's provision is more concise and tabular, which aids in quick reference but may create interpretative challenges for complex cases. Section 194M's narrative format is more detailed.
      • Potential for Expansion: The Bill's tabular structure allows for easier modification, addition, or rationalization of TDS categories in the future, potentially increasing flexibility for policymakers.

      4. Policy and Compliance Considerations

      • Compliance Burden: Both provisions impose new compliance requirements on individuals/HUFs making high-value payments, but the high threshold ensures that only significant transactions are covered. The exemption from TAN and simplified procedures u/s 194M should ideally be retained in the new regime to avoid discouraging compliance.
      • Revenue Impact: The provision is aimed at plugging revenue leakages from high-value, non-business transactions, and is likely to yield significant tax collections from sectors such as construction, consultancy, and agency services.
      • Risk of Litigation: Ambiguities in definitions, aggregation, and classification of payments may lead to disputes, particularly where the line between personal and non-personal payments is blurred, or where the payer's status changes during the year.
      • Administrative Guidance: Clear rules, FAQs, and circulars will be essential to ensure smooth transition and compliance, especially for non-business taxpayers unfamiliar with TDS processes.

      Comparative Table

       

      AspectClause 393(1)[Table: S.No. 6(ii)] of the Income Tax Bill, 2025Section 194M of the Income-tax Act, 1961
      PayerIndividual or HUF (not required to deduct under S.No. 6(i), 6(iii), or 1(ii))Individual or HUF (not required to deduct under 194C, 194H, or 194J)
      PayeeResidentResident
      Nature of PaymentWork contracts, professional services, commission/brokerage (excluding insurance commission)Work contracts, professional services, commission/brokerage (excluding insurance commission)
      ThresholdRs. 50,00,000 (aggregate in tax year)Rs. 50,00,000 (aggregate in financial year)
      Rate2%2% (w.e.f. 1-10-2024; previously 5%)
      TimingCredit or payment, whichever is earlierCredit or payment, whichever is earlier
      DefinitionsNot expressly defined, but to be interpreted as per existing lawExplicitly references definitions in 194C, 194H, 194J
      ExemptionsDoes not apply where payer is otherwise required to deduct TDS under other provisionsDoes not apply where payer is otherwise required to deduct TDS under 194C, 194H, or 194J
      Procedural SimplicityImplied, but not specified; expected to follow existing simplified regimeNo TAN required; simplified compliance

      Conclusion

      Clause 393(1)[Table: S.No. 6(ii)] of the Income Tax Bill, 2025 represents a continuation and rationalization of the policy embodied in Section 194M of the Income-tax Act, 1961, targeting high-value payments by individuals and HUFs for contract work, professional services, and commissions/brokerages. The provision is carefully crafted to avoid overlap with the main TDS sections, applies a high threshold to minimize compliance burden, and adopts a flat 2% rate for simplicity. Its integration into a comprehensive, tabular TDS framework enhances clarity and flexibility, but also necessitates careful administrative guidance to address potential ambiguities and ensure smooth compliance. The comparative analysis reveals substantial continuity between the two regimes, with refinements in drafting and structure reflecting broader reforms in the TDS framework. Going forward, clarity on procedural requirements (such as TAN exemption), aggregation methodology, and definitions will be critical to achieving the policy objectives of widening the tax base and promoting compliance, while minimizing undue burden on non-business taxpayers.


      Full Text:

      Clause 393 Tax to be deducted at source.

      Topics

      ActsIncome Tax