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TDS on monetary consideration under development agreements - deduction at credit or payment with no threshold.
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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 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.
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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.
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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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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.
Act Rules Bills
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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.
Act Rules Bills
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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.
Act Rules Bills
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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.
Act Rules Bills
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TDS on horse-race winnings: single-transaction threshold triggers deduction at payment, integrated into unified TDS framework.
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.
Act Rules Bills
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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.
Act Rules Bills
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Tax Deduction at Source on Salaries modernizes employer TDS obligations and clarifies perquisite and reporting requirements.
Clause 392 modernizes Tax Deduction at Source on salaries by retaining the employer duty to deduct tax at the average rate on estimated salary payments, preserving the employer option to pay tax on non monetary perquisites (treated as TDS), providing special timing for start up equity perquisites, and requiring employers to consider specified employee declarations (other salary, reliefs, house property loss, other income, and tax deducted elsewhere) subject to limitations on reductions. It mandates prescribed statements, evidence, record keeping, and permits intra year TDS adjustments, with procedural details to be set by rules.
Act Rules Bills
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Direct payment obligation makes the recipient liable where TDS is absent, with deductor deemed in default if both parties fail.
Clause 391 requires the recipient to pay income tax directly where TDS is not applicable or has not been deducted, includes a deferred payment mechanism for specified securities and sweat equity issued by eligible start-ups as per the Bill's timelines, and creates a deeming fiction rendering the deductor or employer an assessee-in-default if both deductor and assessee fail to discharge the liability, while preserving interest, penalty and crediting consequences.

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Comparison of section 341 "Application of income." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

11 September, 2025

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Section 341 Application of income

Income-tax Act, 2025

At a Glance

Clause 341 of the Income Tax Bill, 2025 (Old Version) sets out what constitutes permissible application of income by registered non-profit organisations. It matters to charitable/religious trusts and registered non-profit organisations, and to tax authorities monitoring compliance with application-of-income conditions. Effective date/decision date: Not stated in the document.

Background & Scope

Statutory hook: Clause 341 of the Income Tax Bill, 2025 (Old Version) addressing "Application of income" of a registered non-profit organisation. Context: governs what sums may be treated as application of income for non-profit organisations to ascertain compliance with conditions for tax treatment. Coverage: sums applied for charitable/religious purposes in India, donations to other registered non-profits, corpus donations, reinvestment of corpus in permitted modes u/s 350, repayment of loans/borrowings, and exclusions. Definitions or further explanations: Not stated in the document beyond references to sections 35(b)(i), 36(4)-(7), and section 350.

Statutory Provision Mode

Text & Scope

Clause 341, Income Tax Bill, 2025 (Old Version) sets out what sums are to be allowed as "application of income" to a registered non-profit organisation. The provision identifies three categories in sub-section (1): (a) sums applied for charitable or religious purposes in India for which the organisation is registered (subject to payment during the tax year and allowability under specified sections), (b) 85% of donations made to other registered non-profit organisations, and (c) nil with respect to corpus donations to other registered non-profit organisations. Sub-section (2) includes reinvestments into permitted corpus modes and repayments of loans/borrowings within five years (subject to conditions including no prior violation and application post 31 March 2021) as application of income. Sub-section (3) excludes from application: depreciation/allowances claimed in respect of an asset acquisition already treated as application of income and set off/allowance of excess application from prior years. Sub-section (4) states that application from corpus, loan/borrowing, accumulated income, specified income or deemed accumulated income shall not be considered as application for the purpose of sub-sections (1) and (2).

Interpretation

The text links the concept of "application of income" to both timing (payment during the tax year) and substantive allowability u/ss 36(4)-(7) and 35(b)(i). Legislative intent apparent from the text is to restrict qualifying applications to sums that are both paid and allowable under income tax rules, and to avoid treating corpus transfers as qualifying applications. The Bill articulates a cross-reference approach whereby existing tax-law tests (sections 35 and 36 provisions) determine allowability. The inclusion of a prescribed percentage treatment for donations to other registered organisations (85%) indicates a legislative policy to permit a substantial portion of inter-charity donations to count as application while retaining a residual disallowance (15%).

Exceptions/Provisos

Explicit exceptions in the Bill text: corpus donations to other registered non-profit organisations are treated as nil for application purposes. Sub-section (3) excludes depreciation/allowances already claimed and set off of earlier excess applications. Sub-section (4) excludes application from corpus, loan/borrowing, accumulated income, specified income or deemed accumulated income for the purposes of sub-sections (1) and (2). There are conditional provisos in sub-section (2) requiring reinvestment or repayment within five years and that the original application from corpus or loan/borrowing be post-31 March 2021 and compliant with the Part.

Illustrations

  • Example 1 - Direct application: A registered trust pays Rs. 1,000,000 during the tax year for a charitable program for which it is registered, and the payment is allowable u/ss 36(4)-(7) and 35(b)(i). That sum would qualify as application of income under sub-section (1)(a).
  • Example 2 - Donation to another registered organisation: A registered society donates Rs. 100,000 to another registered society. Under sub-section (1)(b), 85% (i.e. Rs. 85,000) would count as application of income; under sub-section (1)(c) corpus components would count as nil if the payment is a corpus donation.
  • Example 3 - Reinvestment from corpus: Not stated in the document whether a trust that re-invests corpus within five years will satisfy other procedural prerequisites beyond those listed; the Bill requires reinvestment within five years and that the original corpus application be after 31-03-2021 with no violations. Specific permitted modes are referred to section 350 (modes) but details of those modes are Not stated in the document.

Interplay

The clause expressly refers to and depends upon sections 35(b)(i), 36(4)-(7) and section 350 for determining allowable payments and permitted modes of investment. It also cross-refers to "this Part" and corresponding provisions of the Income-tax Act, 1961 for compliance history. Specific rules, notifications or circulars beyond these textual cross-references are Not stated in the document.

Differences between the two provisions and practical impact

  • Explicit treatment of corpus donations paid to other organisations:

    • Bill (Clause 341, Document 2): sub-clause (1)(c) expressly states "nil, with respect to any sum paid as a corpus donation to any other registered non-profit organisation."
    • Act (Section 341, Document 1): sub-section (3)(c) provides that "any sum paid as a corpus donation to any other registered non-profit organisation" shall not be allowed as application of income (i.e., it is listed among claims not allowed).
    Practical impact: Both texts in effect disallow treating corpus donations to other registered entities as application of income, but the Bill states the position as a component of what is allowed (explicitly allowing "nil"), while the Act lists it among exclusions. Substance is similar; the Bill's expression is potentially clearer as a standalone rule, whereas the Act's placement in exclusions may be read as reinforcing general illegibility for application treatment.
  • Order and wording of paid sums qualifying as application:

    • Bill (Document 2): sub-section (1)(a) requires the sum be "paid during such tax year" and "such payment is allowable u/ss 36(4), (5), (6) and (7) and 35(b)(i)."
    • Act (Document 1): sub-section (1)(a) provides similar requirements but phrases them as "where such sum is paid during the tax year provided that the provisions of section 35(b)(i) and section 36(4), (5), (6), and (7) shall apply in respect of such sum."
    Practical impact: No substantive difference in the qualifying conditions; the Act's language places emphasis on the applicability of the identified sections, while the Bill is more prescriptive that payment during the year and allowability under those sections are required. Both link allowability u/ss 35/36 to qualification as application.
  • Deemed application (85% rule and deemed application mechanics):

    • Bill (Document 2): does not contain provisions comparable to Section 341(5)-(8) of the Act concerning the 85% of regular income requirement, shortfall treatment as deemed application, timing for application of deemed application, and exercise of option.
    • Act (Document 1): contains sub-sections (5)-(8) establishing an 85% regular income normative target, permitting registered organisations to elect to treat shortfall as deemed application, specifying timing rules for application, and prescribing exercise of option on or before the due date u/s 263(1) for furnishing return of income.
    Practical impact: The Act introduces a compliance mechanism (85% of regular income) and a deemed application regime with procedural timings. The Bill version lacks this constructive mechanism; therefore, under the Bill an organisation's failure to apply regular income to the extent of 85% would not be remedied by deeming (unless other provisions exist elsewhere). The Act increases formal compliance burdens and provides a remedy (option) to treat shortfall as application within specific timelines; omission from the Bill means those procedural obligations/benefits are not present in the Bill text as reproduced.
  • Capital gains treated as application:

    • Bill (Document 2): contains no counterpart to the Act's sub-sections (9) and (10) dealing with capital gains from transfer of capital assets held for charitable or religious purposes and definitions such as "appropriate fraction," "cost of transferred asset," and "net consideration."
    • Act (Document 1): specifies when capital gains on transfers of trust property are deemed application (full or fractional amounts) and provides definitions for key terms used in that analysis.
    Practical impact: The Act creates a clear statutory rule treating certain capital gains as application of income when proceeds are reinvested in qualifying capital assets; the Bill lacks such rules, leaving potential ambiguity regarding tax treatment of capital gains arising to trusts. The Act's rules may aid in tax neutrality for reinvestment of trust assets; absent that, the Bill would leave organisations reliant on other provisions or administrative guidance.
  • Express exclusions and structuring differences:

    • Bill (Document 2): The exclusions list in sub-section (3) comprises clauses (a) and (b) (depreciation/allowance previously claimed as application; set off of excess application), but does not include clause (c) of the Act (which there is included in Act sub-section (3)(c)).
    • Act (Document 1): explicitly includes three exclusions (a), (b), (c) in sub-section (3), making the treatment of corpus donations as excluded clearer within the exclusions list.
    Practical impact: The Act's exclusions list is more exhaustive. The Bill's omission (as presented) could cause interpretive uncertainty until clarified by other provisions or parliamentary amendments.

Practical Implications

  • Compliance and risk areas: The requirement that payments be "paid during such tax year" and be allowable under the cross-referenced sections imposes evidentiary and timing burdens on registered non-profit organisations to substantiate payments and their tax allowability. The 85% rule for donations to other registered entities creates a mathematical step for accounting and tax reporting; organisations must track whether payments are corpus or non-corpus to determine whether 85% or nil applies.
  • Record-keeping/evidence: Organisations will need contemporaneous payment evidence (ledgers, bank payment instruments), documentation demonstrating allowability u/ss 35/36, clear characterisation of donations as corpus or revenue, and records of repayments or reinvestments into permitted modes (section 350) within five-year periods where applicable. The Bill's five-year windows and post-31-03-2021 condition require maintenance of historical compliance records showing no violations.

Key Takeaways

  • Clause 341 defines what counts as application of income for registered non-profit organisations, linking allowability to sections 35 and 36 and to timing of payment.
  • Donations to other registered organisations are partly recognised (85%) except corpus donations which are expressly treated as nil.
  • Reinvestment into permitted corpus modes and repayment of loans may be treated as application if made within five years and subject to compliance conditions and post-31-03-2021 applicability.
  • Certain claims (depreciation/allowances already claimed as application; set off of earlier excess application) are excluded from being treated as application.
  • The clause depends on other provisions (sections 35, 36 and 350) for definitions and modalities; practical compliance requires careful recordkeeping.
  • Compared with the enacted Section 341, the Bill (old version) omits the deemed-application (85% regular income) mechanism and capital-gains-deemed-application rules present in the Act.

Full Text:

Section 341 Application of income

Topics

Acts Income Tax