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    Transformations in Tax Deduction and Collection Compliance and Reporting in India : Clause 397(1) of...
    Reform of Tax Deduction and Collection Certificates : Clause 395(4) of Income Tax Bill, 2025 Vs. Sec...
    Step forward in the rationalization and modernization of recovery of tax collection under Tax law in...
    Evolution, Enforcement, and Relief Mechanisms in TDS/TCS Defaults : Clause 398 of Income Tax Bill, 2...
    Centralised and Automated Processing of TDS/TCS Statements : Clause 399 of Income Tax Bill, 2025 Vs....
    The Transformation of TDS/TCS Compliance and Reporting Obligations : Clause 397(3) of the Income Tax...
    Principles of Tax Deduction Credit in Indian Income Tax Law : Clause 390(5)-(6) of Income Tax Bill, ...
    Ensuring Tax Base Integrity in Indian Income Taxation : Clause 396 of the Income Tax Bill, 2025 Vs. ...
    Streamlining TDS Exemptions in India's Income Tax Laws - Clause 393(6) of the Income Tax Bill, 2025 ...
    Lower Deduction Certificates under Indian Tax Law : Commentary on Clause 395(1) of Income Tax Bill, ...
    Analysis of Tax Deduction at Source on Securities Income of FIIs and Specified Funds under Indian Ta...
    Recasting Tax Deduction at Source on Cross-Border Investment Income : Clause 393(2)[Table S. No. 13 ...
    Legal and Practical Implications for TDS on Offshore Fund Investments : Clause 393(2) [Table: S.No. ...
    Modernizing Withholding Tax on Non-Resident Unit Income : Clause 393(2)[Table: S.No. 10] and Clause ...
    Exemption from Tax Deduction at Source for Specified Entities (Government, RBI, Corporation and Mutu...
    Grossing Up Mechanisms in Indian TDS Law : Clause 393(10) of the Income Tax Bill, 2025 Vs. Section 1...
    Changing Landscape of TDS on Payments to Non-Residents in Indian Tax Law : Clause 393(2)[Table: S.No...
    Ensure the tax compliance and transparency regarding the income distributed by partnership firms to ...
    Comprehensive Analysis of TDS on Virtual Digital Assets Transfer : Clause 393(1)[Table: S.No. 8(iv)]...
    Practical implications of TDS on non-monetary or indirect forms of income : Clause 393(1)[Table: S.N...
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    Act RulesBills
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    TDCAN requirement modernisation centralises TAN/PAN linkage and reporting, tightening compliance and correction procedures.
    Clause 397 requires persons deducting or collecting tax to apply for and, once allotted, quote a Tax Deduction and Collection Account Number (TDCAN) in all prescribed documents; it consolidates deduction and collection numbers, sets out statutory carve-outs and government-notified exemptions, integrates PAN linkage and consequences for non-furnishing, and centralises payment, reporting and correction mechanisms including procedures for non-resident payments and government offices.
    Act RulesBills
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    TDS/TCS certificate obligation requires deductors and collectors to issue prescribed certificates enabling tax credit and digital reporting.
    Clause 395(4) requires every person deducting or collecting tax at source to issue a certificate to the deductee/collectee specifying the amount of tax deducted or collected, the rate, and any other prescribed particulars within a prescribed period; employers who pay tax on behalf of employees must similarly furnish a certificate confirming payment to the Central Government. The clause covers both TDS and TCS, delegates format and timing to subordinate rules, and anticipates digital and harmonized implementation while leaving rectification, duplicate issuance and penalty mechanics to rules.
    Act RulesBills
    Show AI Summary
    Non-exclusivity of source-based tax collection allows authorities to pursue additional recovery methods when payments are provisional.
    Clause 390(4) states that taxes paid by deduction or collection at source, advance payments and specified payments operate in addition to any other mode of tax collection to discharge the liability for income assessed for a tax year, preserving the tax authority's power to pursue alternative recovery measures where such anticipatory payments are provisional, insufficient, or incorrect while allowing credit or refund for any excess.
    Act RulesBills
    Show AI Summary
    TDS/TCS enforcement: deeming of defaulting deductors as assessees in default triggers interest, charge on assets, and conditioned relief.
    Clause 398 deems persons required to deduct or collect tax, including principal officers and specified collectors, to be an assessee in default where tax is not deducted, not collected, or not paid to the government; relief is available if the recipient files a return, includes the relevant sum, pays the tax due and the deductor/collector furnishes a prescribed accountant's certificate. Interest is prescribed for the periods between deductibility, deduction and payment, unpaid tax plus interest is a statutory charge on assets, time limits for default orders are specified, and penalty requires satisfaction of lack of good and sufficient reasons.
    Act RulesBills
    Show AI Summary
    Centralised TDS/TCS processing: automated, time bound framework mandates intimation within a year and covers correction statements.
    Clause 399 creates an automated framework for processing TDS and TCS statements, including correction statements, requiring rectification of arithmetical errors and adjustment of apparent incorrect claims, computation of interest and fee, determination of net payable or refundable amounts after adjusting prior payments, issuance of a formal intimation to the deductor/collector, and grant of any refund due; it also mandates that intimations be sent within a year from the end of the tax year and empowers the Board to make a centralised processing scheme.
    Act RulesBills
    Show AI Summary
    TDS/TCS compliance: expanded reporting and verified statement obligations, including cross-border and below-threshold payment reporting.
    Clause 397(3) requires persons responsible for deduction or collection of tax, and certain employers, to pay amounts to the credit of the Central Government within prescribed time and to submit verified statements in prescribed form and manner; it mandates reporting of payments to non-residents whether or not chargeable, requires special statements for government payments without challans, permits correction statements within six years, obliges reporting of below-threshold interest payments by specified entities, and makes collectors who fail to collect liable to pay the tax.
    Act RulesBills
    Show AI Summary
    Tax credit for source deductions ensures remitted taxes are treated as payment on behalf of the relevant taxpayer and allocated by rule.
    Clause 390(5) treats sums remitted as tax paid on behalf of the person from or in respect of whose income such tax was deducted or collected, and Clause 390(6) empowers the Board to make rules for allocating that credit to such persons or to others and for specifying the tax year for which credit is allowed, extending the scope beyond conventional TDS/TCS to include specified pre-payments and leaving operational detail to subordinate rules.
    Act RulesBills
    Show AI Summary
    Tax deducted is income received: gross receipts included for tax computation with credit for foreign withholding.
    Clause 396 deems amounts deducted under the relevant withholding chapter and income tax deducted abroad (where credit is allowed) to be income received for computing an assessee's taxable income, with specified carve out exceptions; this preserves gross income inclusion while permitting credit for taxes withheld and raises interpretative issues about the chapter's scope, the stated exceptions, cross border withholding and transitional treatment.
    Act RulesBills
    Show AI Summary
    TDS nil-declaration prevents withholding when estimated total income is below taxable threshold, subject to prescribed declaration and reporting.
    Clause 393(6) permits certain recipients to avoid TDS by furnishing a prescribed written declaration that their estimated total income for the year yields nil tax; upon a valid declaration the payer must not deduct tax on specified payments and must forward a copy to tax authorities, subject to the condition that aggregate such incomes do not exceed the basic exemption limit and to general anti evasion consequences for false declarations.
    Act RulesBills
    Show AI Summary
    Lower Deduction Certificates: streamlined TDS/TCS certification requiring AO satisfaction and binding certificate rates.
    Clause 395(1) creates a mechanism for Lower Deduction Certificates allowing taxpayers to apply for lower or nil deduction of tax at source; the Assessing Officer must issue a certificate when satisfied on objective material, the deductor must apply the specified rate until the certificate's validity, and procedural details, scope, validity periods and ancillary measures are to be provided by rules.
    Act RulesBills
    Show AI Summary
    TDS on securities income: clarified withholding rules, treaty relief mechanics, and exemptions for capital gains and exempt fund receipts.
    Clause 393 establishes a tabular TDS regime on income from securities, distinguishing taxable securities income from capital gains and exempt receipts. Clause 393(2) prescribes withholding entries for Foreign Institutional Investors with rates referenced to an interpretative note and a 10% rate for specified funds, subject to documentation for treaty benefits. Clause 393(4) consolidates exemptions by excluding capital gains payable to foreign investors and exempt income of specified funds from TDS, aiming to avoid unnecessary withholding and refund procedures.
    Act RulesBills
    Show AI Summary
    Tax Deduction at Source clarifies withholding obligations on cross border bond and GDR payments to non residents, including DTAA interaction.
    Clause 393(2) Table S. No. 13 and 14 requires withholding on payments to non residents of interest or dividends and long term capital gains from bonds and GDRs referred to in section 209, mandates deduction at the earlier of credit or payment by any person responsible for the payment, prescribes fixed concessional withholding rates, integrates general TDS machinery including declarations and higher deduction for missing PAN, and preserves DTAA relief and exceptions where income is not chargeable.
    Act RulesBills
    Show AI Summary
    TDS on offshore fund income and capital gains: withholding at credit or payment, with higher exit withholding and treaty considerations.
    Clause 393(2) requires any person paying income in respect of specified units or long term capital gains on transfer of such units to deduct tax at source at the prescribed rates at the time of credit or payment, without any monetary threshold; the provision cross refers to definitions in section 208, deems credits to suspense accounts as payment for TDS, and is subject to subsections dealing with exceptions, declarations and specified exclusions, while raising interpretative issues on definitions, treaty interaction, gross up obligations and transitional treatment compared with the prior Section 196B regime.
    Act RulesBills
    Show AI Summary
    Withholding tax on non-resident unit income: consolidation preserves treaty relief and UTI exemption under prescribed conditions.
    Clause 393 consolidates TDS on income in respect of units paid to non-residents: Clause 393(2) requires deduction by any payer on units of specified mutual funds and specified companies paid to non-resident individuals and foreign companies at rates per Note 2 with DTAA benefits subject to prescribed documentation; Clause 393(4) exempts income on Unit Trust of India units payable to NRIs and non-resident HUFs subject to prescribed conditions and FEMA compliance, thereby retaining the legacy UTI carve-out while delegating exemption details to subordinate rules.
    Act RulesBills
    Show AI Summary
    TDS exemption for specified public entities prevents withholding on interest, dividends and other income, simplifying payer compliance.
    Clause 393(5) provides an overriding TDS exemption for payments to the Government, the Reserve Bank of India, statutorily tax exempt corporations established by or under a Central Act, and mutual funds specified in Schedule VII, covering interest, dividends (in respect of securities or shares owned by or in which they have full beneficial interest) and any other income accruing or arising to them, with the non obstante language ensuring the exemption prevails over other withholding obligations.
    Act RulesBills
    Show AI Summary
    Grossing-up requirement preserves tax base where payer bears recipient's tax liability, altering TDS computation and compliance.
    Clause 393(10) mandates a grossing-up requirement where the payer bears the recipient's tax: taxable income must be increased so that, after deduction of tax at the rates provided in the Chapter (including applicable surcharge and cess), the net amount equals the contractual payment. The clause applies to TDS payments under the Chapter except specified salary cases, covers residents and non residents, and requires use of the applicable DTAA rate when beneficial. Key practical issues include computation of add ons, allocation across composite payments, currency fluctuation effects, and contract drafting to evidence net of tax obligations.
    Act RulesBills
    Show AI Summary
    TDS on payments to non-residents: a table-based framework modernizes withholding obligations and aligns rates with treaty benefits.
    Clause 393(2) Table S.No.17 imposes a residuary TDS obligation on interest (excluding specified categories) and any other sum chargeable under the Act, excluding salaries, payable to non-residents or foreign companies; deduction is by "any person" at the earlier of credit or payment at the "rates in force," with treaty rates available subject to procedural compliance, and operates alongside exemptions, lower/nil deduction certificates, suspense-account deeming rules and grossing-up anti-avoidance provisions.
    Act RulesBills
    Show AI Summary
    TDS on partner payments: mandatory withholding on specified firm-to-partner payments with prescribed threshold and compliance duties.
    Mandatory withholding applies to sums in the nature of salary, remuneration, commission, bonus or interest paid or credited (including to the capital account) by a firm to a partner, deductible at ten per cent at the earlier of credit or payment, with a per-partner annual threshold exemption and declaration-based non-deduction mechanisms; the firm bears the deduction obligation and normal TDS procedures apply.
    Act RulesBills
    Show AI Summary
    TDS on virtual digital assets imposes withholding obligations with targeted exemptions for small-value and small-taxpayer transfers.
    The Bill requires withholding on any benefit or perquisite arising from business or profession whether cash or non-cash, obliges the provider to deduct tax and, if consideration is wholly or partly in kind with insufficient cash, to ensure tax payment before release. A parallel VDA withholding regime mandates deduction on transfers of virtual digital assets with specified exemptions for small-value transactions and small taxpayers, similar safeguards for non-cash consideration, and procedural rules addressing timing, aggregation and crediting for compliance.
    Act RulesBills
    Show AI Summary
    TDS on non-monetary benefits: providers must withhold tax on in-kind and indirect business advantages, affecting compliance and valuation.
    Clause 393(1)[Table: S.No. 8(iv)] and section 194R require the provider of any benefit or perquisite arising from business or profession to deduct tax at source on the value or aggregate value of such benefits, covering cash and non-cash advantages, with specified thresholds and exemptions for smaller providers; the Bill consolidates this obligation, clarifies anti-overlap treatment with other TDS provisions, links timing of deduction to credit or payment, and preserves reliance on administrative guidance for valuation and operational issues.

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      OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN RESPECTIVE NOTIFICATIONS [with effect from 2.2.2021, unless specified otherwise]

      1 February, 2021

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      Budget 2021-22 + FINANCE Bill, 2021

      OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN RESPECTIVE NOTIFICATIONS [with effect from 2.2.2021, unless specified otherwise]

      S. No

      Chapter, Heading, sub- heading, tariff item

      Commodity

      From

      To

       

       

      Agricultural Products and By Products

       

       

      1.

      2207 20 00

      Denatured Ethyl Alcohol (ethanol) for use in manufacture of excisable goods

      2.5%

      5%

      2.

      23

      All goods except dog and cat food and shrimp larvae feed

      Nil/ 5%/

      10%/

      15%/

      20%/

      30%

      15%

       

       

      Minerals

       

       

      3.

      2528

      Natural borates and concentrates thereof

      Nil/5%

      2.5%

        

      Fuels, Chemicals and Plastics

        

      3.

      2710

      Naphtha

      4%

      2.5%

      5.

      2907 23 00

      Bis-phenol A

      Nil

      7.5%

      6.

      2910 30 00

      Epichlorohydrin

      2.5%

      7.5%

      7.

      2933 71 00

      Caprolactam

      7.5%

      5%

      8.

      3907 40 00

      Polycarbonates

      5%

      7.5%

      9.

      3908

      Nylon chips

      7.5%

      5%

      10.

      3920 99 99

      Other plates, sheets, films, etc. of other plastics

      10%

      15%

        

      Leather

        

      11

      41

      Wet blue chrome tanned leather, crust leather, finished leather of all kinds, including splits and sides of the aforesaid

      Nil

      10%

        

      Textiles

        

      12.

      5002

      Raw Silk (not thrown)

      10%

      15%

      13.

      5004, 5005,

      5006

      Silk yarn, yarn spun from silk waste (whether or not put up for retail sale)

      10%

      15%

      14.

      5201

      Raw Cotton

      Nil

      5% +

      5% AIDC*

      15.

      5202

      Cotton waste (including yarn waste or garneted stock)

      Nil

      10%

      16.

      5402, 5403,

      5404, 5405

      00 00, 5406,

      5501 to 5510

      Nylon Fibre and Yarn

      7.5%

      5%

        

      Gems and Jewellery Sector

        

      17.

      7106

      Silver

      12.5.%

      7.5%+

      2.5% AIDC*

      18.

      7106

      Silver Dore

      11%

      6.1% +

      2.5%

      AIDC*

      19.

      7108

      Gold

      12.5%

      7.5%+

      2.5% AIDC*

      20.

      7108

      Gold Dore

      11.85%

      6.9%+

      2.5% AIDC*

      21.

      7107 00 00,

      7109 00 00,

      7111 00 00

      Base metals or precious metals clad with precious metals

      12.5%

      10%

      22.

      7110

      Other precious metals like Platinum, Palladium, etc.

      12.5%

      10%

      23.

      7112

      Waste and scrap of precious metals or metals clad with precious metals

      12.5%

      10%

      24.

      7112

      Spent catalyst or ash containing precious metals

      11.85%

      9.17%

      25.

      7113

      Gold or Silver Findings

      20%

      10%

      26.

      7118

      Coin

      12.5%

      10%

       

       

      Metals

       

       

      27.

      7204

      Iron and steel scrap, including stainless steel scrap [up to 31.03.2022]

      2.5%

      Nil

      28.

      7206 and

      7207

      Primary/Semi-finished products of non-alloy steel

      10%

      7.5%

      29.

      7208, 7209,

      7210, 7211,

      7212, 7225

      (except 7225

      11 00) and

      7226 (except

      7226 11 00)

      Flat products of non-alloy and alloy steel

      10%

      /12.5%

      7.5%

      30.

      7213, 7214,

      7215, 7216,

      7217, 7221,

      7222, 7223,

      7227 and

      7228

      Long product of non-alloy, stainless and alloy steel

      10%

      7.5%

      31.

      7225

      Raw materials for use in manufacture of CRGO steel [up to 31.03.2023]

      2.5%

      Nil

      32.

      7404

      Copper Scrap

      5%

      2.5%

      33.

      7318

      Screw, bolts, nuts, etc. of iron and steel

      10%

      15%

       

       

      Capital Goods

       

       

      34.

      8430

      Tunnel boring machines

      Nil

      7.5%

      35.

      8431

      Parts and components for manufacture of tunnel boring machines with actual-user condition IT,

      Nil

      2.5%

       

       

       

      Electronics and Renewable

       

       

      36.

      8544 (other

      than 8544 70

      and 8544 30

      00)

      Specified insulated wires and cables

      7.5%

      10%

      37.

      39, 74 and

      85

      Former, bases, bobbins, brackets; CP wires; P.B.T.; Phenol resin moulding powder; Lamination/ El silicon steel strips for use in manufacture of transformers (entry at S.No. 198 of 25/1999- Customs)

      Nil

      Applica ble rate

      38.

      Any Chapter

      Inputs or parts for manufacture of Printed Circuit Board Assembly (PCBA) of cellular mobile phone

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      39.

      Any Chapter

      Inputs or parts for manufacture of camera module of cellular mobile phone

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      40.

      Any Chapter

      Inputs or parts for manufacture of connectors of cellular mobile phone

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      41.

      Any Chapter

      Inputs or raw material for manufacture of specified parts like back cover, side keys etc. of cellular mobile phone

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      42.

      Any Chapter

      Inputs or raw material (other than PCBA and moulded plastics) for manufacture of charger or adapter of cellular mobile phones

      Nil

      10%

      43.

      8504 90 90

      or

      3926 90 99

      Moulded plastics for manufacture of charger or adapter

      10%

      15%

      44.

      Any Chapter

      Inputs or parts of Printed Circuit Board Assembly of charger or adapter of cellular mobile phones

      Nil

      10%

      45.

      Any Chapter

      Inputs or parts of Moulded Plastic of charger or adapter of cellular mobile phones

      Nil

      10%

      46.

      Any Chapter

      Inputs or raw materials (other than Lithium-ion cell and PCBA) of Lithium-ion battery or battery pack

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      47.

      Any Chapter

      Parts or components of PCBA of Lithium-ion battery or battery pack

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      48.

      Any Chapter

      Inputs or raw materials of following goods: -

      1. Other machines capable of connecting to an automatic data processing machine or to a network (8443 32 90)
      2. Ink cartridges, with print head assembly (8443 99 51)
      3. Ink cartridges, without print head assembly (8443 99 52)

      (iv)Ink spray nozzle (8443 99 53) (w.e.f. 1.4.2021)

      Nil

      2.5%

      49.

      Any Chapter

      Inputs and parts of LED lights or fixtures including LED Lamps

      5%

      10%

      50.

      Any Chapter

      Inputs for use in the manufacture of LED driver or MCPCB (Metal Core Printed Circuit Board) for LED lights or fixtures including LED Lamps

      5%

      10%

      51.

      9405 50 40

      Solar lanterns or solar lamps

      5%

      15%

      52.

      8504 40

      Solar Inverters

      5%

      20%

      53.

      9503

      Parts of Electronic Toys for manufacture of electronic toys Aviation Sector

      5%

      15%

      54.

      Any Chapter

      Components or parts, including engines, for manufacture of aircrafts or parts of such aircrafts, by Public Sector Units under Ministry of Defence subject to condition specified.

      Medical devices

      2.5%

      0%

       

      55.

      9018-9022

      Medical Devices imported by International Organization and Diplomatic Missions

      Health Cess @ 5%

      Health Cess @ Nil

        

      Goods imported under Project Import Scheme

        

      56.

      9801

      High Speed Rail Projects being brought under project imports

      Applicable Rate

      5%

      57.

      8714 91 00,

      8714 92,

      8714 93,

      8714 94 00,

      8714 95,

      8714 96 00,

      8714 99

      All goods other than Bicycle parts and components

      10%

      15%

      * Agriculture Infrastructure and Development Cess

       


       

      Full Text:

      Budget 2021-22 + FINANCE Bill, 2021

      Topics

      ActsIncome Tax