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    TDS on purchase of goods: buyer withholding required, with precedence rules to avoid overlap with other withholding provisions.
    Clause 393(1)[Table: S.No. 8(ii)] imposes a TDS obligation on the buyer to deduct tax on purchases of goods from resident sellers once aggregate purchases from a seller in a financial year exceed the specified threshold, with deduction due at credit or payment, and a broad exclusionary clause preventing application where tax is deductible or collectible under any other provision of the Act.
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    TDS on large cash withdrawals: deduction at payment with exemptions for banks and regulated intermediaries, non filer rule absent here.
    Clause 393(3) requires banks, co operative societies engaged in banking and post offices to deduct two per cent TDS at the time of cash payment where aggregate withdrawals from one or more accounts of a recipient exceed prescribed thresholds, with a higher threshold for co operative societies; Clause 393(4) exempts payments to the Government, banks, post offices, regulated business correspondents and authorised white label ATM operators. The Bill mirrors the existing framework but, in the extracted text, omits an explicit non filer regime and express central government notification powers, creating potential operational and interpretive uncertainty.
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    TDS on high-value payments by individuals/HUFs expands withholding obligations for contractual, professional and commission disbursements.
    Clause 393(1)[Table: S.No. 6(ii)] requires TDS by individuals or HUFs (not otherwise liable under specified TDS entries) on payments to a resident for carrying out work (including supply of labour), fees for professional services, or commission/brokerage (excluding insurance commission) where aggregate payments to the payee in a tax year exceed a prescribed threshold; deduction is at the time of credit or payment and the clause is integrated into a tabular TDS framework necessitating aggregation, with definitions and certain procedural relaxations left to rules or guidance.
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    TDS on interest for foreign borrowings consolidated under new clause, keeping concessional framework but raising definitional and transition issues.
    Clause 393(2) consolidates concessional TDS treatment for interest to non residents on foreign currency borrowings, rupee denominated bonds and IFSC listed bonds, aligning mechanics and cut off windows with Section 194LC while differing in presentation and reliance on external definitions; Central Government approval remains a condition for specified instruments and drafting gaps on limits, definitions and transitional treatment may require subordinate rules to avoid interpretive disputes.
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    TDS on securitisation trust distributions: uniform 10% for residents, treaty rates for non-residents, no threshold.
    Clause 393 mandates TDS on distributions by a securitisation trust: Clause 393(1) imposes 10% TDS on any income paid to resident investors with no threshold, deducted at the earlier of credit or payment by the trust; Clause 393(2) requires withholding on non-resident investors at rates in force, permitting treaty relief. Both provisions treat credits (including to suspense accounts) as TDS events and require trusts to maintain documentation of payee status and treaty claims.
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    TDS on investment fund distributions: withholding applies, with treaty relief and exemptions for non taxable income.
    TDS on distributions by investment funds requires withholding at applicable resident and non resident rates at the earlier of credit or payment, excluding any portion of income that is statutorily exempt. Funds must determine and segregate taxable versus exempt portions of mixed income, apply treaty or domestic rates for non residents upon proper documentation, and maintain records to support exemptions or reduced rates, while coordinating these obligations with other TDS provisions to avoid double deduction.
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    TDS on business trust distributions: differentiated resident/non resident rates and SPV contingent exemptions under the Income Tax Bill, 2025.
    Clause 393 of the Income Tax Bill, 2025 mandates 10% TDS on distributed income to resident unitholders, differentiated rates for non-resident unitholders (including lower rates for certain interest-type distributions and "rates in force" for others), and exempts specified distributions from TDS where the underlying SPV has not opted for the concessional tax regime, thereby tying withholding obligations to the SPV's tax-regime choice.
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    TDS on infrastructure debt fund interest: concessional withholding retained for non-resident investors, deducted at credit or payment.
    Clause 393(2)[Table: S.No. 5] retains a concessional TDS regime for any income by way of interest paid by an infrastructure debt fund listed in Schedule VII to a non resident (including foreign companies), requiring deduction at source at the specified concessional rate at the earlier of credit or payment, with no monetary threshold, and integrated within the Bill's harmonised TDS framework that addresses procedural rules, exceptions, grossing up, and interaction with double taxation treaties.
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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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    TDS on rent expanded to include equipment and furnished premises, increasing withholding scope and compliance for individuals and HUFs.
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    TDS on immovable property transfers requires deduction on the higher of consideration or stamp duty value at payment or credit.
    Clause 393(1)[Table: S.No. 3(i)] requires TDS on transfers of immovable property (excluding agricultural land) where either the consideration or the stamp duty value exceeds the threshold. The transferee is the payer required to deduct tax at a fixed percentage of the higher of consideration or stamp duty value, with deduction at the time of credit or payment. Aggregation of amounts across multiple transferees and transferors applies, and the table provides tie breaker rules and specific exclusions such as compulsory acquisition.
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    TDS on rent: payer-based uniform and differentiated withholding alters withholding obligations and REIT exemption treatment.
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    Act RulesBills
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    TDS on commission and brokerage: Bill preserves current threshold and rate and maintains targeted exemptions for telecom franchisees.
    Clause 393(1) mandates that a specified person deduct TDS at two percent on resident commission or brokerage payments (excluding insurance commission) when aggregate payments exceed the statutory threshold, with deduction at the earlier of credit or payment and anti avoidance deeming for suspense accounts. Clause 393(4) preserves a targeted exemption for certain telecom franchisee payments, maintaining continuity with existing sectoral relief and reducing compliance burdens.
    Act RulesBills
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    TDS on lottery-related payments: unified withholding on commissions and prizes with harmonized threshold and deduction rate.
    Clause 393(3)[Table: S.No. 4] consolidates TDS on payments to persons engaged in stocking, distributing, purchasing or selling lottery tickets, requiring any person making payments of commission, remuneration or prize to deduct tax at the earlier of credit or payment; it includes a deeming fiction treating credits to suspense or intermediary accounts as credit to the payee and imposes standard deductor duties of deposit, certification and return-filing, while leaving aggregation rules and characterization of complex incentive structures unclear.
    Act RulesBills
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    TDS on national savings withdrawals: mandatory deduction at source with defined threshold and exemptions for individuals and heirs.
    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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      Comparison of Section 53 "Full value of consideration for transfer of assets other than capital assets in certain cases" between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

      28 August, 2025

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      Section 53 Full value of consideration for transfer of assets other than capital assets in certain cases.

      Income-tax Act, 2025

      At a Glance

      The document is Clause 53 of the Income Tax Bill, 2025 (Old Version), prescribing deeming provisions for the "full value of consideration" where transfer of assets other than capital assets (specifically land or building or both) is at a value below the stamp duty value. It matters because it changes the taxable measure for profits and gains of business or profession where undervaluation vis-`a-vis stamp duty arises. The provision affects taxpayers engaged in sale/transfer of land and buildings, tax authorities assessing business income, and industries dealing in real estate. Effective date or decision date: Not stated in the document.

      Background & Scope

      Statutory hook: Clause 53, Income Tax Bill, 2025 (Old Version), addressing "Full value of consideration for transfer of assets other than capital assets in certain cases" under the head "Profits and gains of business or profession." The provision applies to transfers of assets other than capital assets where the asset in question is land or building or both. The clause sets out rules to deem the stamp duty value as the full value of consideration for computing profits and gains where the consideration received or accrued is less than the stamp duty value.

      Statutory Provision Mode

      Text & Scope

      The clause contains five sub-sections:

      • Sub-section (1): If consideration received or accrued for transfer of an asset (other than a capital asset) being land or building or both is less than the stamp duty, the stamp duty value shall be deemed to be the full value of consideration for computing profits and gains from transfer of such asset.

      • Sub-section (2): Sub-section (1) does not apply if the stamp duty value does not exceed 110% of the consideration received or accrued; in that case, the actual consideration received or accrued shall be deemed to be the full value of consideration.

      • Sub-section (3): Where the date of agreement fixing the value of consideration and the date of registration are different, the stamp duty value as on the date of agreement may be taken as the full value of consideration under sub-section (1).

      • Sub-section (4): Sub-section (3) applies only where the amount of consideration or part thereof has been received by specified banking or online mode on or before the date of agreement.

      • Sub-section (5): For determination of the value adopted or assessed or assessable under sub-section (1), the provisions of section 78(2) and (4) shall apply.

      Coverage is limited to non-capital assets, specifically land and/or buildings. The clause does not define "stamp duty" or "stamp duty value" within the text provided. It does not specify procedures for valuation beyond cross-reference to section 78(2) and (4).

      Interpretation

      Legislative intent as discernible from the text: the legislature aims to prevent understatement of consideration in transactions of land/buildings by enabling tax computation to adopt the stamp duty valuation where declared consideration is lower than stamp duty benchmarks. The 110% threshold in sub-section (2) establishes a tolerance band where small variances do not trigger deeming. Sub-sections (3) and (4) indicate a deliberate rule allowing stamp duty value as on agreement date to be used-subject to actual receipt of consideration (or part) through specified banking/online modes-thereby linking electronic/payment evidence to the ability to rely on agreement-date stamp valuation.

      Exceptions/Provisos

      Carve-outs and conditions are set out:

      • The deeming in sub-section (1) is not operative where stamp duty value <= 110% of consideration received/accrued (sub-section (2)).
      • Use of stamp duty value as of agreement date is permitted only when the agreement date differs from registration date (sub-section (3)), and only where consideration or part of it has been received by specified banking/online mode on or before agreement date (sub-section (4)).
      • Determination of the value for adoption under sub-section (1) is governed by section 78(2) and (4) (sub-section (5)).

      Illustrations

      • Example 1: A taxpayer transfers a plot of land in the course of business. Consideration received is Rs. 90 lakh. Stamp duty value recorded is Rs. 1.2 crore. Under sub-section (1), because consideration < stamp duty, stamp duty value (Rs. 1.2 crore) is deemed full value of consideration for computing profits, unless barred by sub-section (2). Apply sub-section (2): stamp duty value (Rs.1.2 crore) exceeds 110% of consideration (110% of 90 lakh = 99 lakh). Hence deeming applies and Rs.1.2 crore is treated as full value. (This illustration is a hypothetical calculation consistent with the text.)
      • Example 2: Consideration Rs. 95 lakh; stamp duty value Rs. 1.02 crore. 110% of consideration = Rs. 1.045 crore. Since stamp duty value (Rs. 1.02 crore) does not exceed 110% of consideration, sub-section (2) applies and actual consideration (Rs. 95 lakh) is deemed full value. (Hypothetical calculation consistent with the text.)
      • Example 3: Agreement dated 1 Jan; registration 1 Mar. Stamp duty value as on agreement date is Rs. X. If part of consideration was paid through specified banking/online mode on or before 1 Jan, then per sub-sections (3) and (4) stamp duty value as on agreement date may be taken as full value under sub-section (1). (Hypothetical consistent with the text.)

      Interplay

      Sub-section (5) expressly incorporates the provisions of section 78(2) and (4) for determination of the value "adopted or assessed or assessable" under sub-section (1). The text does not reproduce section 78; therefore, the mechanics and criteria in section 78 are not stated in the document. Not stated in the document: whether other provisions, rules, notifications, or circulars interact with Clause 53, or any transitional arrangements.

      Differences Between Clause 53 (Old Bill) and Section 53 (Act, 2025) and Practical Impact

      TopicClause 53 of the Income Tax Bill, 2025 (Old Version)Section 53 of the Income-tax Act, 2025
      Text of sub-section (1)Deems stamp duty value as full value where consideration received or accrued is less than the stamp duty.Deems stamp duty value as full value where consideration received or accrued is less than the stamp duty value.
      Sub-section (2) - 110% thresholdSame: carve-out where stamp duty value does not exceed 110% of consideration; actual consideration deemed full value.Same language and effect.
      Sub-section (3) - agreement vs registration dateStamp duty value as on date of agreement may be taken as full value where dates differ.Same: allows stamp duty value as on agreement date to be taken as full value.
      Sub-section (4) - payment mode conditionApplies only where amount or part is received by specified banking/online mode on or before date of agreement.Same condition in substance: amount or part received by specified banking/online mode on or before agreement date required.
      Sub-section (5) - cross-reference to section 78Refers to "section 78(2) and (4)" for determination of value adopted/assessed/assessable under sub-section (1).Refers to "section 78(2) and (3)" for determination of the stamp duty value under sub-section (1).

      Practical impact of the difference: The only textual difference in the two versions provided concerns the cross-reference in sub-section (5). The Bill's old version cross-references section 78(2) and (4), whereas the enacted Section 53 cross-references section 78(2) and (3). The practical impact depends entirely on the substantive content of section 78(3) versus section 78(4)-which are not reproduced in the provided documents. Therefore, specific consequences cannot be ascertained from the text given. Not stated in the document: the substantive differences between section 78(3) and section 78(4), and how they affect valuation methodology or procedural outcomes. In consequence, the only observable immediate effect is that the enacted text narrows or alters the cross-referential provisions that govern determination of stamp duty value compared with the Bill; the precise legal and practical significance of that alteration is not stated in the document.

      Practical Implications

      • Compliance and risk areas: Taxpayers selling/transfering land/buildings in the course of business must be aware that declared consideration below stamp duty value may be ignored and stamp duty value adopted for profit computation, increasing taxable income. Reliance on the 110% tolerance is critical where stamp duty value is close to consideration; precise calculation is necessary to determine applicability.
      • Record-keeping/evidence: Sub-section (4) conditions use of agreement-date stamp duty value on proof of receipt (in part or whole) by specified banking/online modes on or before the agreement date-thus documentary evidence of payments and their mode, as well as dating of receipts and agreements, will be relevant. The clause implicitly places evidential importance on banking/online payment records and dated agreements.

      Key Takeaways

      • Clause 53 deems stamp duty value to be full value of consideration for non-capital land/building transfers where declared consideration is lower than stamp duty value (sub-section (1)).
      • A safeguard exists: if stamp duty value does not exceed 110% of declared consideration, the actual consideration stands as full value (sub-section (2)).
      • Where agreement and registration dates differ, stamp duty value as on agreement date may be used, but only if payment (or part) was received by specified banking/online mode on or before agreement date (sub-sections (3)-(4)).
      • The method for determining the value for adoption refers to section 78(2) and (4); the clause does not state the content of those provisions (sub-section (5)).
      • Documentary proof of payment modes and dated agreements will be important for taxpayers wishing to rely on agreement-date valuations.
      • The clause applies to non-capital assets only, limited to land and/or buildings; it does not address transfers of capital assets within this text.
      • Not stated in the document: effective date, transitional rules, administrative procedures, and detailed interaction with other statutory provisions beyond section 78(2) and (4).

      Full Text:

      Section 53 Full value of consideration for transfer of assets other than capital assets in certain cases.

      Topics

      ActsIncome Tax