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
    Act Rules Income Tax
    Comparison of section 291 "Intimation of loss." between the Income-Tax Act, 2025 (as passed) and the...
    Act Rules Income Tax
    Comparison of section 288 "Other amendments" between the Income-Tax Act, 2025 (as passed) and the In...
    Act Rules Income Tax
    Comparison of section 287 "Rectification of mistake." between the Income-Tax Act, 2025 (as passed) a...
    Act Rules Income Tax
    Comparison of section 286 "Time limit for completion of assessment, reassessment and recomputation" ...
    Act Rules Income Tax
    Comparison of section 285 "Other provisions." between the Income-Tax Act, 2025 (as passed) and the I...
    Act Rules Income Tax
    Comparison of section 283 "Provision for cases where assessment is in pursuance of an order on appea...
    Act Rules Income Tax
    Comparison of section 282 "Time limit for notices u/ss 280 and 281." between the Income-Tax Act, 202...
    Act Rules Income Tax
    Comparison of section 281 "Procedure before issuance of notice u/s 280." between the Income-Tax Act,...
    Act Rules Income Tax
    Comparison of section 279 "Income escaping assessment." between the Income-Tax Act, 2025 (as passed)...
    Act Rules Income Tax
    Comparison of section 274 "Reference to Principal Commissioner or Commissioner in certain cases." be...
    Act Rules Income Tax
    Comparison of section 271 "Best judgment assessment" between the Income-Tax Act, 2025 (as passed) an...
    Act Rules Income Tax
    Comparison of section 270 "Assessment" between the Income-Tax Act, 2025 (as passed) and the Income-T...
    Act Rules Income Tax
    Comparison of section 267 "Tax on updated return." between the Income-Tax Act, 2025 (as passed) and ...
    Act Rules Income Tax
    Comparison of section 266 "Self-assessment." between the Income-Tax Act, 2025 (as passed) and the In...
    Act Rules Income Tax
    Comparison of section 263 "Return of income." between the Income-Tax Act, 2025 (as passed) and the I...
    Act Rules Income Tax
    Comparison of section 261 "Interpretation." between the Income-Tax Act, 2025 (as passed) and the Inc...
    Act Rules Income Tax
    Comparison of section 259 "Power to call for information by prescribed income-tax authority." betwee...
    Act Rules Income Tax
    Comparison of section 257 "Proceedings before income-tax authorities to be judicial proceedings." be...
    Act Rules Income Tax
    Comparison of section 256 "Power of certain income-tax authorities." between the Income-Tax Act, 202...
    Act Rules Income Tax
    Comparison of section 253 "Powers of survey." between the Income-Tax Act, 2025 (as passed) and the I...
❮
❯
❯❯
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
Act Rules Income Tax
Show AI Summary
Intimation of loss: mandatory written notification to assessee when loss is established and eligible for carry forward and set-off.
Section 291 requires the Assessing Officer to notify the assessee by an order in writing the amount of loss as computed by him when (a) a loss is established in assessment and (b) the assessee is entitled to carry forward and set off that loss for the purposes of the listed statutory provisions. The duty is mandatory and procedural, linking the notification obligation to both the establishment of loss in assessment and the assessee's statutory entitlement to carry forward and set-off.
Act Rules Income Tax
Show AI Summary
Recomputation of assessments tied to triggering events allows targeted amendments within specified limitation periods.
Clause 288 permits an Assessing Officer to amend or recompute completed assessments in a limited set of scenarios triggered by downstream events-such as reassessment or recomputation orders, valuation or compensation revisions, patent revocation, settlement of foreign tax disputes, or validated transfer pricing determinations-with timelines generally governed by a four year limitation reckoned from the end of the relevant financial year or specified event, and subject to procedural safeguards and cross references to amendment and limitation provisions.
Act Rules Income Tax
Show AI Summary
Rectification of mistake: tax authorities may amend orders and intimations, with notice and hearing before raising liability.
Section 287 authorises specified income tax authorities to amend orders and intimations to rectify mistakes apparent from the record, excluding matters considered and decided in appeal or revision. Amendments that increase liability require notice of intention and a reasonable opportunity of being heard; reductions in liability require refund by the Assessing Officer and increases require service of a notice of demand. A four year outer limitation from the end of the financial year of the original order or intimation applies, subject to section 288, and taxpayer applications must be disposed within six months of the relevant month end.
Act Rules Income Tax
Show AI Summary
Time limits for tax assessments impose short limitation windows, with tolling for procedural delays and transfer pricing processes.
Section 286 prescribes specific limitation periods for assessments, reassessments and recomputations linked to dates in a statutory table, generally imposing one year windows with limited shorter periods; it provides a 12 month extension where a Transfer Pricing Officer reference is made, enumerates discrete exclusion/tolling events (including hearings, stays, audit and valuation references, advance ruling applications, exchange of information references, declarations under anti avoidance provisions and search/requisition periods), and supplies minimum residual time and remedial extension rules to ensure Assessing Officers retain a baseline time to conclude proceedings.
Act Rules Income Tax
Show AI Summary
Mandatory cessation of reassessment proceedings when taxpayer demonstrates assessed amount meets correct liability, limiting assessing officer discretion.
Section 285 fixes tax in section 279 proceedings at rates as if escaped income were included, conditions mandatory cessation of those proceedings on two cumulative showings by the assessee (assessment not lower than correct liability or properly made assessment/computation, and absence of any impugnment under specified challenge provisions), and renders final that cessation by barring reopening of matters concluded by listed orders; procedural modalities and evidentiary standards are not specified.
Act Rules Income Tax
Show AI Summary
Assessment notices to implement appellate orders may be issued at any time, subject to existing time-bar exceptions.
Clause 283 permits issuance of a section 280 notice at any time to make assessments, reassessments or recomputations to give effect to appellate orders or Approving Panel directions, but it does not apply where, at the time the triggering order or reference occurred, other statutory time-limiting provisions already precluded assessment for the tax year concerned; the enacted text narrows the express override language compared with the Bill, potentially limiting displacement of constraints within the omitted procedural provision.
Act Rules Income Tax
Show AI Summary
Limitation period for tax notices extended in specified cases; possession or information triggers a longer issuance window.
Section 282 prescribes time limits for notices relating to escaped income: a general four year bar (four years and three months for initiation notices), with an extension up to six years (six years and three months for initiation notices) where the Assessing Officer either has in his possession books of account or other documents/evidence showing substantial escaped income, or where information with the Assessing Officer indicates substantial escaped income; additionally, no notice may be issued within one year from the end of any tax year.
Act Rules Income Tax
Show AI Summary
Pre-notice hearing requirement: AO must serve show-cause and disclose information before issuing an escape-assessment notice.
An Assessing Officer with information suggesting escaped income must serve a show-cause notice disclosing the information and allow the assessee to reply; after considering the reply and material on record the AO must obtain the prior approval of the specified authority before issuing a clause 280 notice. The pre-notice procedure is inapplicable where information arises from the scheme under section 260, Approving Panel directions under section 274(6), or findings in orders by an authority, Tribunal or court.
Act Rules Income Tax
Show AI Summary
Reassessment powers: AO may assess escaped income and recompute allowances, even when certain procedural steps were not complied with.
Clause 279 permits the Assessing Officer, in a permissive exercise of discretion, to assess or reassess income escaping assessment and to recompute losses, depreciation and other allowances for the relevant tax year; this authority is framed subject to the procedural framework of sections 280-286. Subsection (2) allows the AO during those proceedings to assess other issues that come to notice subsequently and, in earlier draft text, expressly permits action irrespective of certain procedural non compliance, although the enacted wording narrows that explicit non compliance exception.
Act Rules Income Tax
Show AI Summary
Hierarchical approval for anti-avoidance: internal review can produce binding, non-appealable determinations affecting assessments and applicable tax years.
Clause 274 permits an Assessing Officer to refer suspected impermissible avoidance arrangements to the Principal Commissioner/Commissioner, who must issue a reasons-based notice and afford a hearing; if not satisfied, the officer refers the matter to an Approving Panel. The Panel may order inquiries, call for records, specify tax years of applicability and issue binding, non-appealable directions; time limits and specified exclusions apply, and the Board will constitute and support Panels and may make rules for their functioning.
Act Rules Income Tax
Show AI Summary
Best-judgment assessment: AO may determine income where required returns or responses to notices are not furnished.
Section 271 empowers the Assessing Officer to make a best-judgment assessment where required returns are not furnished or where the assessee fails to comply with notices under sections 268 or 270(8); the AO must consider all relevant materials gathered and, as a general rule, provide an opportunity of being heard before determining income or loss, with a limited exception relieving the AO from issuing a separate show-cause notice if a earlier section 268(1) notice has been issued.
Act Rules Income Tax
Show AI Summary
Summary processing of returns permits correction of arithmetical errors and apparent incorrect claims with adjustment of tax or refund.
Clause 270 authorises summary processing of returns to correct arithmetical errors and certain incorrect claims apparent from any information in the return, compute tax/interest/fee and adjust payments to determine payable or refundable amounts, subject to prior intimation to the assessee and an opportunity to respond; strict post year end timelines and special sequencing protect exempt and non profit entities, and the Act adds an express ground permitting prescribed cross year consistency checks.
Act Rules Income Tax
Show AI Summary
Tax on updated return requires pre-filing payment of tax, interest and additional levy, increasing compliance obligations.
Clause 267 requires that where an updated return under section 263(6) results in tax payable the assessee must, before furnishing the updated return, pay the tax, interest, any fee for delay/default and an additional income-tax computed on the aggregate of tax and interest; proof of payment must accompany the updated return. Specified credits, prior payments and interest already paid are to be set off in computing the net liability.
Act Rules Income Tax
Show AI Summary
Self-assessment requirement: pre-payment of tax, interest and fee before filing specified income-tax returns, with proof attached.
The clause requires payment of tax, interest and fee before filing specified income-tax returns where tax remains payable after deducting advance tax, source deductions, specified foreign tax reliefs and tax credits; returns must be accompanied by proof of payment, interest under the Act is computed on declared tax reduced by those credits, and a defined "assessed tax" serves as the base for interest on advance tax shortfall.
Act Rules Income Tax
Show AI Summary
Mandatory filing duties and updated return limits reshape corrective filing eligibility and compliance obligations.
Section 263 imposes mandatory filing duties for enumerated classes, prescribes due dates by category, empowers the Board to prescribe forms and particulars, and allows the Central Government to exempt classes. It distinguishes late returns, revised returns (both within nine months or before assessment completion), and an updated return remedy within a multi year window that is barred where updated filings would claim losses, reduce tax, produce refunds, duplicate updates, or where assessments, possession of information, international or internal information exchange, prosecutions, searches, surveys, requisitions or specified notices have intervened. Assessing Officers may treat unrectified defective returns as invalid after a short cure period.
Act Rules Income Tax
Show AI Summary
Digital evidence parity: seized electronic backups treated as books of account, extending tax search powers into virtual spaces.
Clause 261 defines terms governing Chapter XIV search, seizure and requisition powers, treating material seized to include books of account, documents, digital data storage devices, computer systems and specialised programme backups and directing that such material be construed as books of account. It broadly defines computer system and virtual digital space to include cloud and remote servers, social media, online financial platforms and application platforms. The clause identifies the classes of approving, authorised and competent officers and ties the operative date for search or requisition to the last panchnama entry or the actual receipt of books, documents, computer systems or assets.
Act Rules Income Tax
Show AI Summary
Power to call for information: tax authority may require relevant records for verification, subject to defined scope of proceeding.
A prescribed income tax authority may issue notices requiring persons to furnish information for verification of information in the authority's possession that is useful for, or relevant to, any inquiry or proceeding under the Act; the authority may specify form, manner and time for compliance and may process and utilise such information under a scheme notified under section 260. The enacted Section 259 adds subsection (3) linking the term "proceeding" to the meaning in section 253, clarifying the definitional scope of notices.
Act Rules Income Tax
Show AI Summary
Judicial character of tax proceedings clarified; civil court deeming limited and excludes a specified statutory chapter.
Section 257 deems proceedings before income-tax authorities to be judicial proceedings for specified provisions of the Bharatiya Nyaya Sanhita, 2023, and deems income-tax authorities to be Civil Courts for the purposes of section 215 of the Bharatiya Nagarik Suraksha Sanhita, 2023, but expressly excludes application of that deeming for the purposes of Chapter XXVIII of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Act Rules Income Tax
Show AI Summary
Enquiry powers: specified senior income-tax officers authorised to exercise Assessing Officer powers for statutory enquiries.
Section 256 vests enquiry authority in specifically listed senior officers - Principal Director General/Director General, Principal Director/Director, Principal Chief Commissioner/Chief Commissioner, Principal Commissioner/Commissioner and Joint Commissioner - and grants them Assessing Officer-like powers to make enquiries under the Act, including summons and document requisition, while the clause contains no procedural provisos or territorial limits and therefore relies on other statutory or subordinate provisions for operational safeguards and delegation mechanics.
Act Rules Income Tax
Show AI Summary
Survey powers over electronic records and premises enable inspection, technical access and limited impoundment for tax compliance verification.
Survey powers authorise entry into premises where business, profession or charitable activities are carried on to inspect books, documents, electronic media and computer systems and to require necessary technical and other assistance including access codes; officers may verify assets and stock, make extracts or copies, record statements on oath, prepare inventories and impound or retain records or computer systems after recording reasons, with retention beyond the initial statutory period requiring prior approval and temporal limits on entry applicable to business and other premises.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

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

 

Aspect Clause 393(1)[Table: S.No. 6(ii)] of the Income Tax Bill, 2025 Section 194M of the Income-tax Act, 1961
Payer Individual 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)
Payee Resident Resident
Nature of Payment Work contracts, professional services, commission/brokerage (excluding insurance commission) Work contracts, professional services, commission/brokerage (excluding insurance commission)
Threshold Rs. 50,00,000 (aggregate in tax year) Rs. 50,00,000 (aggregate in financial year)
Rate 2% 2% (w.e.f. 1-10-2024; previously 5%)
Timing Credit or payment, whichever is earlier Credit or payment, whichever is earlier
Definitions Not expressly defined, but to be interpreted as per existing law Explicitly references definitions in 194C, 194H, 194J
Exemptions Does not apply where payer is otherwise required to deduct TDS under other provisions Does not apply where payer is otherwise required to deduct TDS under 194C, 194H, or 194J
Procedural Simplicity Implied, but not specified; expected to follow existing simplified regime No 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

Acts Income Tax