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Clause 393(1)[Table: S.No. 3(ii)] requires TDS on any monetary consideration under agreements referred to in section 67(14), applying to any payer, excluding in-kind consideration, with deduction at the earlier of credit or payment, no monetary threshold, and an explicit rule that where both general immovable property TDS and S.No. 3(ii) apply, deduction is to be made only under S.No. 3(ii).
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Clause 393(3)[Table: S.No. 6] requires any person responsible for paying amounts referred to in section 80CCA(2)(a) to deduct income-tax at the rate of 10% at the time of payment where the amount or aggregate amount paid during the tax year exceeds Rs. 2,500; the Table under sub-section (4), Sl. No. 19, exempts payments made to an assessee who is an individual and to the heirs of an assessee, and payers must deposit TDS, file returns, and issue certificates in accordance with the procedural framework.
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Source-based taxation requires payers to withhold tax on non-resident sports and entertainment fees, ensuring collection at source.
Clause 393(2)[Table: S.No.1] mandates a tax deduction at source on payments to non-resident sportsmen, entertainers, and non-resident sports associations or institutions for income referred to in section 211, imposing the obligation on any person making the payment to deduct tax at the earlier of credit or payment. The provision specifies a flat withholding rate, explicitly addresses grossing up for net-of-tax contracts, and is integrated within wider TDS subsections providing exceptions and administrative rules.
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TDS on non-exempt life insurance payouts: mandatory deduction on the taxable component with a declaration option to avoid deduction.
Clause 393(1)[Table: S.No. 8(i)] of the Income Tax Bill, 2025 requires any person paying sums under a life insurance policy, including bonuses and excluding amounts not includible under Schedule II, to deduct TDS at 2% on the "income comprised in such sum". Deduction is required only where the aggregate payout to a payee in a tax year exceeds the specified threshold, and it must be effected at the earlier of credit or payment. Sub-section 6 allows a declaration for non-deduction where estimated aggregate income is below the exemption limit.
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TDS on insurance commission: mandatory deduction at earlier of credit or payment, with threshold and declaratory relief.
Clause 393(1)[Table: S.No.1(i)] requires deduction of tax at source on remuneration or reward for soliciting, procuring, continuing, renewing or reviving insurance business, payable by "any person", at the earlier of credit or payment, when aggregate payments to a payee exceed the specified threshold; rates are those in force and the provision expands scope to include incentives and other remuneration while providing a declaration-based mechanism for no deduction and deeming credit to suspense accounts as credit to the payee.
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TDS on contractor payments upheld with clarified scope, invoice rules and procedural reporting for targeted exemptions.
Clause 393(1)[Table: S.No. 6(i)] applies TDS to sums for carrying out work, including supply of labour, payable by a designated person, preserving differential rates for individuals/HUFs and others, applying deduction at credit or payment, allowing exclusion of material where separately invoiced, and aggregating payments for threshold purposes, subject to specified exceptions and procedural requirements.
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Clause 393(3)[Table: S.No. 3] mandates TDS on horse-race winnings by bookmakers or licensed operators at prevailing rates where winnings in a single transaction exceed the threshold, requires deduction at payment irrespective of mode, and integrates these obligations into Clause 393's unified procedural framework while leaving open interpretive issues such as the definition of "single transaction," aggregation risk, and valuation of non-cash payouts.
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TDS on online gaming winnings: mandatory source deduction on net winnings, requiring payer compliance, reporting, and collection for noncash prizes.
Clause 393(3)[Table: S.No. 2] mandates TDS on "any income by way of winnings from online game" payable or credited by "any person," requiring deduction at "rates in force" on net winnings (as per Note 1) at the time of payment or credit, irrespective of mode of payment including cash, kind, credits or digital assets; payer obligations include computation, deduction, remittance, certification and reporting, with standard consequences for non-compliance.
Act Rules Bills
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TDS on gaming winnings: tax must be deducted at payment with a single-transaction threshold and special rules for non-cash prizes.
Clause 393(3)[Table: S.No.1] requires payers to deduct tax at source at rates in force on winnings from lotteries, puzzles, card games, other games, gambling and betting at the time of payment. The provision applies to cash and in-kind prizes and uses a single-transaction threshold to trigger TDS; payers must ensure tax is paid before releasing non-cash prizes. Online gaming winnings are excluded from this sub-clause and treated separately. General TDS reporting and deposit obligations apply.
Act Rules Bills
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TDS on interest: Bill raises senior citizen threshold and consolidates exemptions, altering deductor obligations and clarifying procedures.
Clause 393(1)[Table: S.No. 5(ii) & 5(iii)] prescribes TDS on interest other than on securities by distinguishing banking companies, co operative banks and post offices (subject to higher thresholds) from other specified payers (subject to a lower threshold), fixing time of deduction as credit or payment whichever is earlier, retaining branch wise aggregation where core banking is absent, and allowing intra year adjustment; Clause 393(4)[Table: S.No. 7] lists exemptions mirroring institutional and co operative carve outs with turnover conditions and freezes new ad hoc notifications after the stipulated cutoff.
Act Rules Bills
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TDS on dividends: new Bill mandates deduction before distribution, retaining specified institutional and small-holder exemptions.
Clause 393(1) requires TDS on all dividends (including preference shares) paid by domestic companies to resident shareholders at a flat rate, deducted before any distribution; Clause 393(4) lists conditional exemptions for specified institutional investors, notified persons, and small individual shareholders receiving dividends by non-cash modes, with exemptions contingent on payee type, payment mode, and aggregate amounts during the tax year.
Act Rules Bills
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TDS on interest on securities: consolidated exemptions and clearer procedural rules to streamline withholding compliance.
The Bill reaffirms TDS on interest on securities payable to residents, requiring deduction at the earlier of credit or payment at prevailing rates, subject to an aggregate annual threshold. It consolidates instrument based and entity based exemptions in a notified table, preserves the government's notification power to add exemptions, and modernizes language to reflect current financial instruments. Procedural rules permit declarations for non deduction with clearer delivery and reporting timelines for payers, require documentation to justify non deduction, and emphasize tracking aggregate payments and timely reporting and deposit to improve compliance and reduce disputes.
Act Rules Bills
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Tax deduction at source on provident fund withdrawals ensures immediate withholding at payment for taxable lump sum withdrawals.
Clause 392(7) requires trustees or authorised persons of recognised provident funds to deduct tax at source at a uniform rate when paying accumulated balances that are includible in the employee's income because exemption conditions under the relevant schedule do not apply; the obligation arises at the time of payment and only where the aggregate payment exceeds a prescribed threshold, with trustees responsible for deposit, recordkeeping and issuing withholding certificates.

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Change in India's Digital Payment Mandate : Clause 187 of the Income Tax Bill, 2025 Vs. Section 269SU of the Income Tax Act, 196

8 July, 2025

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Clause 187 Acceptance of payment through prescribed electronic modes.

Income Tax Bill, 2025

Introduction

Clause 187 of the Income Tax Bill, 2025, continues the legislative initiative to mandate businesses of a certain scale to provide facilities for accepting payments through prescribed electronic modes. This provision, while newly articulated in the 2025 Bill, is fundamentally a successor to Section 269SU of the Income Tax Act, 1961, which was introduced by the Finance (No. 2) Act, 2019, and operationalized through Rule 119AA of the Income-tax Rules, 1962. The underlying policy objective is to promote digital payments, enhance transparency, and combat tax evasion by reducing the scope for unaccounted cash transactions in large businesses. This commentary undertakes a detailed analysis of Clause 187, examining its scope, language, and implications, and compares it with the existing statutory and regulatory framework u/s 269SU and Rule 119AA. The analysis also considers the practical and compliance implications for stakeholders, identifies potential ambiguities, and explores areas that may require further legislative or judicial clarification.

Objective and Purpose

The legislative intent behind Clause 187, as with its predecessor, is to institutionalize digital payment acceptance among large businesses. The move aligns with the government's ongoing policy thrust towards a "less-cash" economy, financial inclusion, and the formalization of business transactions. The provision aims to:

  • Ensure that businesses above a specified threshold provide customers with the option to pay through electronic modes.
  • Reduce the prevalence of cash transactions, thereby curbing avenues for tax evasion and unaccounted money.
  • Facilitate traceability and auditability of business receipts for tax authorities.
  • Encourage the adoption of indigenous payment systems such as RuPay and BHIM-UPI, fostering domestic fintech innovation.

The historical context includes a series of measures post-demonetization in 2016 and the Digital India campaign, which have collectively sought to shift the economy towards digital transactions.

Detailed Analysis of Clause 187 of the Income Tax Bill, 2025

  1. Text and Structure

    Clause 187 provides: "Every person shall provide facility for accepting payment, through electronic modes as prescribed, in addition to other electronic modes, if any, being provided by him, where-- (a) such person is carrying on business; and (b) total sales, turnover, or gross receipts in such business exceeds fifty crore rupees during the immediately preceding tax year."

    The provision applies to all persons (including individuals, firms, companies, etc.) carrying on business whose sales, turnover, or gross receipts exceed Rs. 50 crore in the preceding tax year. The obligation is to provide "facility for accepting payment, through electronic modes as prescribed," in addition to any other electronic modes already provided.

  2. Key Elements
    • Threshold: The monetary threshold is set at Rs. 50 crore in the "immediately preceding tax year." This ensures that the obligation is confined to medium and large businesses, balancing compliance costs with policy objectives.
    • Prescribed Electronic Modes: The phrase "as prescribed" defers the specification of electronic modes to subordinate legislation (rules or notifications), allowing flexibility to adapt to technological advancements.
    • Additionality: The requirement is "in addition to other electronic modes, if any, being provided." This ensures that the prescribed modes are mandatory, irrespective of any other digital payment options already offered.
  3. Interpretation and Legal Principles
    • Mandatory Nature: The use of "shall provide" makes the provision obligatory for all qualifying businesses. Non-compliance would likely attract penal consequences, as was the case under the earlier regime.
    • Scope of "Person": The term "person" is broadly defined in the Income Tax Act and would include individuals, HUFs, firms, companies, LLPs, AOPs, BOIs, and any other juridical entities engaged in business.
    • "Prescribed" Modes: The reliance on prescription by rules ensures adaptability but may also create uncertainty until such rules are notified.

Comparison with Section 269SU of the Income Tax Act, 1961

  1. Section 269SU of the Income Tax Act, 1961
    • Text: "Every person, carrying on business, shall provide facility for accepting payment through prescribed electronic modes, in addition to the facility for other electronic modes, of payment, if any, being provided by such person, if his total sales, turnover or gross receipts, as the case may be, in business exceeds fifty crore rupees during the immediately preceding previous year."
    • Similarity: The language and structure of Clause 187 are almost identical to Section 269SU. Both provisions target businesses exceeding the Rs. 50 crore threshold and require the provision of "prescribed electronic modes" in addition to any other electronic payment facilities.
    • Difference: Clause 187 refers to the "immediately preceding tax year," whereas Section 269SU refers to the "immediately preceding previous year." While both terms typically refer to the same period under the Income Tax Act, the change in terminology may have interpretive significance, especially if "tax year" is defined differently in the new Bill.
    • Legislative Continuity: Clause 187 is evidently intended as a reenactment or migration of Section 269SU into the new Income Tax Bill, ensuring continuity of policy.
  2. Rule 119AA of the Income-tax Rules, 1962
    • Text: Specifies that every person to whom Section 269SU applies "shall provide facility for accepting payment through following electronic modes, in addition to the facility for other electronic modes of payment, if any, being provided by such person, namely: (i) Debit Card powered by RuPay; (ii) Unified Payments Interface (UPI) (BHIM-UPI); and (iii) Unified Payments Interface Quick Response Code (UPI QR Code) (BHIM-UPI QR Code)."
    • Prescribed Modes: Rule 119AA operationalizes the statutory mandate by listing specific payment modes, focusing on indigenous systems (RuPay, BHIM-UPI).
    • Continuity and Adaptability: Clause 187, by using "as prescribed," retains the structure for subordinate legislation to specify or update the required modes, allowing for technological evolution.

Practical Implications

  1. For Businesses
    • Compliance Obligation: All qualifying businesses must ensure that the specified electronic payment facilities are available at all customer-facing points, whether physical or digital.
    • Cost Implications: While the prescribed modes (RuPay, BHIM-UPI, UPI QR) are generally low-cost, there may still be operational and integration costs, especially for businesses with legacy payment systems.
    • Penalties for Non-compliance: u/s 271DB (which accompanied Section 269SU), non-compliance attracted a penalty of Rs. 5,000 per day. A similar penal provision is likely to be enacted alongside Clause 187.
    • Audit and Record-Keeping: Businesses must maintain records of their compliance, as tax authorities may require evidence during assessments.
  2. For Consumers
    • Payment Flexibility: Consumers benefit from a wider choice of payment options, particularly those based on domestic payment systems.
    • Reduced Cash Dependency: The measure reduces the need for cash transactions, promoting a safer and more transparent payment ecosystem.
  3. For Regulators and Tax Authorities
    • Enhanced Traceability: Digital payments create an audit trail, facilitating better detection of tax evasion, under-reporting, and money laundering.
    • Enforcement Challenges: Monitoring compliance across thousands of businesses may pose practical challenges, requiring robust reporting and inspection mechanisms.

Ambiguities and Issues in Interpretation

  1. Definition of "Prescribed" Modes
    • Until the relevant rules are notified under the new Bill, there may be uncertainty about which electronic modes are mandatory. If the rules are not promptly updated or harmonized with technological changes, this may create compliance gaps.
  2. Applicability to E-commerce and New Business Models
    • The provision is drafted in technology-neutral terms, but practical application to online marketplaces, aggregators, and platform-based businesses may require clarification, especially regarding the locus of compliance.
  3. Overlap with Other Payment Regulations
    • There may be overlap with RBI guidelines on payment acceptance infrastructure, as well as with other sectoral regulations (e.g., for NBFCs, fintechs). Harmonization is necessary to avoid conflicting obligations.
  4. Threshold Determination
    • While the Rs. 50 crore threshold is clear, issues may arise in group companies, franchises, or business divisions regarding aggregation of turnover for compliance determination.

Policy and Technological Considerations

The requirement to provide RuPay and UPI-based payment options is both a policy and technological choice. It supports domestic payment networks, reduces dependence on international card schemes, and may lower transaction costs. However, it also requires businesses to integrate with these systems, which may be a challenge for legacy businesses or those with international customer bases. The "as prescribed" formulation allows the government to update the list of mandatory payment modes as new technologies emerge (e.g., digital wallets, account aggregators, CBDCs), ensuring future-proofing. However, it also places a premium on timely and transparent rule-making.

Potential Areas for Reform or Judicial Clarification

  • Clarification of Applicability: Guidance may be needed on the application of the threshold to business groups, franchises, and online platforms.
  • Penalty Provisions: The quantum and nature of penalties for non-compliance should be proportionate and provide for reasonable cause exceptions.
  • Harmonization with Other Laws: The provision should be harmonized with RBI and sectoral regulations to avoid conflicting obligations.
  • Consumer Awareness: Efforts should be made to educate consumers about their rights to demand payment by the prescribed modes.
  • Technological Upgradation: The government should ensure that the prescribed modes keep pace with technological developments and that businesses are given adequate time and support to comply.

Conclusion

Clause 187 of the Income Tax Bill, 2025, is a direct legislative successor to Section 269SU of the Income Tax Act, 1961, and is operationalized through subordinate rules akin to Rule 119AA. The provision reflects a continued commitment to promoting digital payments and financial transparency among large businesses. While the structure and intent remain largely unchanged, the shift to the new Bill provides an opportunity to address ambiguities, enhance compliance mechanisms, and ensure harmonization with evolving payment technologies and regulatory frameworks. The provision's success will depend on clear rule-making, effective enforcement, and ongoing adaptation to technological change. Stakeholders, including businesses, consumers, and regulators, must remain vigilant to ensure that the policy objectives of transparency, inclusion, and ease of doing business are achieved without imposing undue compliance burdens.


Full Text:

Clause 187 Acceptance of payment through prescribed electronic modes.

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Acts Income Tax