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
    Tax Incentives for Strengthening Agricultural Producer Companies : Clause 150 of Income Tax Bill, 20...
    A Contemporary Recasting of Section 80P for Strengthening the Co-operative Sector : Clause 149 of th...
    Preventing Double Taxation of Corporate Dividends : Clause 148 of the Income Tax Bill, 2025 Vs. Sect...
    Future of Tax Incentives for Offshore Banking and IFSCs : Clause 147 of the Income Tax Bill, 2025 vs...
    Continuing the legislative policy of incentivizing employment generation : Clause 146 of Income Tax ...
    Tax Incentives for Bio-Degradable Waste Management in India : Clause 145 of the Income Tax Bill, 202...
    Tax Incentives for reginal development in the North-Eastern States of India : Clause 143 of Income T...
    Transitional Tax Incentives for Affordable Housing : Clause 142 of Income Tax Bill, 2025 Vs. Section...
    Grandfathering Industrial Undertaking Deductions : Clause 141 of Income tax Bill, 2025 vs. Section 8...
    Tax Incentives for Start-ups in India : Clause 140 of Income Tax Bill, 2025 and Comparative Analysis...
    Protecting SEZ Developers' Tax Incentives : Clause 139 of the Income Tax Bill, 2025 Vs. Section 80IA...
    Assessing the Continuity and Reform of Infrastructure Tax Incentives under the Evolving Income Tax F...
    Reforming Political Contribution Deductions for Transparency and Accountability : Clause 137 of Inco...
    Transparency and Tax Incentives in Political Funding : Clause 136 of the Income Tax Bill, 2025 Vs. S...
    Redefining Tax Deductions for Scientific and Rural Advancement : Clause 135 of the Income Tax Bill, ...
    Modernising Charitable Tax Incentives : Clause 354(1) of Income Tax Bill, 2025 Vs. Section 80G(5) of...
    Modernizing Tax Benefits for Higher Education : Clause 129 of the Income Tax Bill, 2025 Vs. Section ...
    Promoting Affordable Housing through deduction in respect of interest on loans : Clause 130 of the I...
    Promoting Home Ownership by allowing deductions on interest payments : Clause 131 of Income tax Bill...
    Promoting Green Transportation tax Incentives for Electric Vehicles : Clause 132 of the Income Tax B...
❯❯
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
    Act RulesBills
    Show AI Summary
    Tax deduction for producer companies enables full relief for profits from member-focused agricultural marketing and processing activities.
    A statutory measure grants a 100% deduction on profits and gains of qualifying Producer Companies for income attributable to an identified eligible business-marketing members' agricultural produce, supplying inputs to members, and processing members' produce-subject to turnover limits, inclusion in gross total income, sequencing after other Chapter VI A deductions, and a legislatively imposed sunset period, with transitional company-law references and apportionment issues creating practical and interpretive compliance challenges.
    Act RulesBills
    Show AI Summary
    Deduction for co operative societies preserved and modernised, with targeted categories and voting control safeguards for eligibility.
    Clause 149 permits deductions for specified categories of income of co operative societies-profits from credit to members, cottage industry, marketing and specified processing of members' agricultural produce, supply of agricultural inputs, collective disposal of members' labour, fishing and allied activities, interest or dividends from investments in other co operatives, and income from letting godowns or warehouses-subject to membership, voting restrictions for certain societies, exclusions for most co operative banks, and computation after specified infrastructure deductions.
    Act RulesBills
    Show AI Summary
    Deduction for inter corporate dividends prevents cascading taxation when dividends are onward distributed within the prescribed timeframe.
    Clause 148 permits a deduction for dividends received by a domestic company from domestic companies, foreign companies and business trusts, limited to the amount the recipient company actually distributes to its shareholders by the date one month before the due date for filing the return referenced in the Bill; the same amount cannot be deducted in any other tax year. The deduction is conditional on onward distribution and timely compliance, creating documentary and administrative verification obligations and raising clarifications around the definition of dividend, treatment of foreign dividends and business trust distributions.
    Act RulesBills
    Show AI Summary
    Tax deductions for IFSC and OBU income provide extended full relief subject to accountant certification and regulatory permission.
    Clause 147 provides a consolidated deduction regime for OBUs and IFSC units in SEZs, specifying eligible assessees and qualifying income categories (OBU income, banking activities tied to SEZ undertakings/developers, approved IFSC activities, and transfers of leased aircraft or ships within the stated commencement deadline). It prescribes full deduction for designated consecutive years with an elective window for IFSC units, and conditions the allowance on submitting a prescribed accountant's certification and evidence of regulatory permission or registration.
    Act RulesBills
    Show AI Summary
    Deduction for additional employee cost incentivises formal hiring through multi year tax relief subject to reporting and anti abuse conditions.
    Clause 146 allows a deduction equal to 30% of additional employee cost for three consecutive tax years where an assessee with business income increases employee numbers and pays emoluments through prescribed modes; claims are disallowed for splitting up, reconstruction, transfer or reorganisation except for revived sick units, and are subject to exclusions based on emolument ceilings, provident fund participation, pension contribution arrangements and minimum tenure thresholds, with the deduction claim contingent on a prescribed accountant's report.
    Act RulesBills
    Show AI Summary
    Tax deduction for bio-degradable waste businesses allows full profit exemption for a fixed multi-year period.
    Clause 145 provides a deduction for businesses whose profits and gains arise from collecting, processing or treating bio-degradable waste for activities including generating power, producing bio-fertilizers, bio-pesticides or biological agents, producing bio-gas, and making pellets or briquettes for fuel or organic manure. The deduction equals the whole amount of profits and gains from the eligible business and is available for five consecutive tax years beginning with the tax year in which the business commences. Key compliance issues include defining commencement, segregating eligible profits, and clarifying interaction with other incentives.
    Act RulesBills
    Show AI Summary
    Tax incentives for North-Eastern undertakings: full profits deduction under new clause replaces prior provision, with revised cross references and limits.
    Special tax relief permits a 100% deduction of profits and gains for eligible North Eastern undertakings commencing within the specified window, subject to exclusions for certain goods and activities, anti abuse restrictions on reconstruction or transfer of used machinery, and limits on concurrent deductions and aggregate deduction periods; updated cross references modernize procedural application but may create interpretive ambiguities on commencement date and aggregation scope.
    Act RulesBills
    Show AI Summary
    Transitional deduction continuity preserved for eligible housing projects, computed and constrained by prior statutory conditions.
    Clause 142 preserves transitional tax relief by incorporating the prior housing-project deduction by reference: assessees who would have been eligible under the repealed provision may claim deductions computed under the prior statute for the tax years that would have been covered, subject to the same substantive conditions-including project approval and completion requirements, unit size and utilization thresholds, separate project accounts, exclusion of works contracts, and the clawback mechanism-while not extending benefits to new projects commenced after repeal.
    Act RulesBills
    Show AI Summary
    Grandfathering preserves industrial tax deductions, maintaining prior eligibility and compliance requirements for ongoing transitional claims.
    Clause 141 preserves existing deductions for profits and gains of specified industrial undertakings by applying the prior law's eligibility, quantum and duration of deduction as if the repealed provision remained in force. It imports legacy compliance, audit and rule based requirements for ongoing claims, maintains original commencement windows and notification statuses, and prohibits new or extended claims. The clause protects continuity of entitlement while leaving unresolved issues on procedural lapses and treatment of reorganisations.
    Act RulesBills
    Show AI Summary
    Start-up tax deduction: eligible start-ups may claim a consecutive-years profits exemption within the first decade, subject to certification and anti-abuse rules.
    Clause 140 provides that an eligible start-up deriving profits from an eligible business may claim a full deduction for three consecutive tax years chosen within ten years of incorporation, subject to eligibility limits, certification by an Inter-Ministerial Board, audit and filing requirements, restrictions on formation by splitting or asset transfer, treatment rules for previously used imported machinery and de minimis used-asset transfers, recomputation at market or arm's length value for intra-group transactions, Assessing Officer powers to adjust profits, a bar on double deductions, and a governmental power to notify prospective exclusions of classes of undertakings.
    Act RulesBills
    Show AI Summary
    SEZ developer deductions preserved as a transitional protection, applying legacy eligibility and computation rules to ongoing projects.
    Clause 139 functions as a transitional savings provision preserving deductions for profits and gains from SEZ development by applying the eligibility, computation, and temporal rules of the repealed provision to developers who commenced projects under that earlier regime, thereby maintaining investor expectations and limiting the relief to unexpired periods without creating new entitlements.
    Act RulesBills
    Show AI Summary
    Grandfathering of infrastructure tax deductions allows continuation of prior deduction regime into the new income tax code.
    Clause 138 preserves the deduction regime of Section 80-IA as a transitional grandfathering provision: where an assessee's income includes profits from businesses referred to in Section 80-IA and the assessee would have been eligible had the old Act not been repealed, a deduction is allowed computed under Section 80-IA and only for the tax years that would have been available under that section, with all eligibility, computation, anti-abuse, audit and exclusion provisions applying by reference.
    Act RulesBills
    Show AI Summary
    Non-cash political contributions incentivised by tax deduction promote traceability and exclude public-funded entities from benefits.
    Deductibility is confined to contributions made by non-cash means to political parties registered under the Representation of the People Act or to electoral trusts, with exclusions for local authorities and artificial juridical persons wholly or partly funded by the Government. The rule aims to ensure traceability and transparency by disallowing cash donations, requires contemporaneous treatment within the tax year, and imposes documentary and payment-channel compliance obligations on donors and recipients, while leaving certain interpretative points-such as the definition of artificial juridical person and acceptable modern payment modes-open to clarification.
    Act RulesBills
    Show AI Summary
    Corporate political donation deduction limited to non cash payments to registered parties, aligned with company law governance obligations.
    Clause 136 permits deduction only to Indian companies for non-cash contributions to political parties registered under section 29A of the Representation of the People Act or to electoral trusts, and defines "contribute" by reference to section 182 of the Companies Act, 2013, thereby importing board-approval, disclosure and reporting obligations and excluding cash donations to ensure traceability and alignment with corporate governance standards.
    Act RulesBills
    Show AI Summary
    Tax deduction for research donations narrowed, shifting compliance to recipient reporting and preserving donor protection for post donation approval withdrawal.
    Clause 135 provides a deduction for donations to approved institutions for scientific and social science/statistical research, requires recipient approval under the new Act's cross references, excludes donors with business or professional income from claiming the deduction, disallows large cash contributions, and conditions allowance of the deduction on information furnished by the payee to the tax authority subject to risk based verification; it also protects donors where recipient approval is withdrawn after the donation.
    Act RulesBills
    Show AI Summary
    Charitable donation approval: new time bound, digital compliance regime for donor deductions with stricter reporting requirements.
    Clause 354(1) creates a reworked approval regime for registered non profit organisations to qualify for donor tax deductions under section 133(1)(b)(ii), requiring application to the Principal Commissioner or Commissioner and satisfaction of specified conditions: non sectarian status, restriction on asset transfer to non charitable purposes, maintenance of regular accounts, filing prescribed statements with correction mechanisms, issuance of standardised donor certificates, and compliance with defined timelines for application, provisional approval and renewal.
    Act RulesBills
    Show AI Summary
    Deduction for interest on educational loans expanded to modernize eligibility and ease higher education financing.
    Clause 129 permits individual assessees to claim a deduction for interest paid on loans for higher education taken for the assessee or specified relatives, with the deduction available from the initial tax year of interest payment and continuing for a set number of subsequent tax years or until the interest is fully repaid; key terms such as higher education, financial institution, and approved charitable institution are defined to align with and modernize existing tax frameworks.
    Act RulesBills
    Show AI Summary
    Deduction for home loan interest offered to eligible first-time buyers under the new provision, subject to exclusivity and eligibility limits.
    Clause 130 provides a capped deduction for interest on loans from defined financial institutions for acquisition of residential house property, limited to loans meeting prescribed sanctioning, loan-amount and property-value conditions and where the assessee did not own residential property at sanction. The clause includes clear definitions and an exclusivity rule preventing claiming similar deductions under other provisions.
    Act RulesBills
    Show AI Summary
    Deduction for home loan interest extends targeted tax relief to eligible buyers subject to timing, property value, and ownership conditions.
    Clause 131 provides a capped deduction for interest on loans from defined financial institutions for acquisition of residential property, limited to borrowers not eligible under an alternate clause; conditions include a specified loan sanction window, a property value ceiling, absence of residential ownership at sanction, and an exclusivity rule preventing the same interest being deducted under another provision.
    Act RulesBills
    Show AI Summary
    Tax deduction for electric vehicle loan interest continues under new clause mirroring prior eligibility and exclusivity rules.
    Deduction for interest on loans to purchase electric vehicles is extended in substance by Clause 132, mirroring Section 80EEB: eligibility is limited to individuals with loans from defined financial institutions, the benefit is subject to a specified cap, loans must be sanctioned within the stated time window, claims are exclusive of other interest deductions, and "electric vehicle" is technically defined as a battery electric vehicle with regenerative braking.

    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