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    Act RulesBills
    Source-Based Taxation of Foreign Sports and Entertainment Income : Clause 393(2)[Table: S.No.1] of t...
    Act RulesBills
    Taxation of Non-Exempt Life Insurance Payouts : lause 393(1)[Table: S.No. 8(i)] of the Income Tax Bi...
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    Evolution and Harmonization of TDS Provisions on Insurance Commission in Indian Tax Law : Clause 393...
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    Act RulesBills
    Source-Based Taxation of Foreign Sports and Entertainment Income : Clause 393(2)[Table: S.No.1] of t...
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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 RulesBills
    Taxation of Non-Exempt Life Insurance Payouts : lause 393(1)[Table: S.No. 8(i)] of the Income Tax Bi...
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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 RulesBills
    Evolution and Harmonization of TDS Provisions on Insurance Commission in Indian Tax Law : Clause 393...
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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 RulesBills
    Legal and Practical Implications of TDS on Contractor Payments : Clause 393(1)[Table: S.No. 6(i)] an...
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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 RulesBills
    Modernizing TDS for Horse Racing : Clause 393(3)[Table: S.No. 3] of Income Tax Bill, 2025 Vs. Sectio...
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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 RulesBills
    Tax Deduction at Source on Online Gaming Winnings : Clause 393(3)[Table: S.No. 2] of the Income Tax ...
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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 RulesBills
    Scope, Compliance, and Implications of TDS on Gaming and Lottery Winnings : Clause 393(3)[Table: S.N...
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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 RulesBills
    Reforming TDS on Interest Income : Clause 393(1)[Table: S.No. 5(ii) & 5(iii)] and 393(4)[Table: S.No...
    Show AI Summary
    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 RulesBills
    Evolution of Tax Deduction at Source on Dividends : Clause 393(1)[Table: S.No. 7] and clause at 393(...
    Show AI Summary
    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 RulesBills
    Evolution of TDS on Interest on Securities : Clause 393(1)[Table: S.No. 5(i)] & 393(4)[Table: S.No. ...
    Show AI Summary
    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 RulesBills
    Tax Deduction at Source on Provident Fund Withdrawals : Clause 392(7) of Income Tax Bill, 2025 Vs. S...
    Show AI Summary
    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 RulesBills
    Modernizing Tax Deduction at Source on Salaries : Clause 392(1)-(6) of the Income Tax Bill, 2025 Vs....
    Show AI Summary
    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 RulesBills
    Tax Deduction Failures and Direct Payment Modernizing the Assessee's Obligations :Clause 391 of the ...
    Show AI Summary
    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.
    Act RulesBills
    Transforming Tax Deduction and Collection : Clause 390(1) - (3) of the Income Tax Bill, 2025 Vs. Sec...
    Show AI Summary
    Tax Collection at Source: payment obligations arise with income receipt and stand independent of later assessments.
    Clause 390 mandates three modes of tax payment-deduction or collection at source, advance payment, and payment under section 392(2)(a)-to be effected "as per this Chapter," establishes that these obligations arise irrespective of later assessment proceedings, and includes a savings provision preserving the substantive charge to tax under section 4(1), thereby ensuring collection mechanisms do not affect the underlying tax liability.
    Act RulesBills
    Continuity of Tax Liability After Firm Dissolution : Clause 330 of Income Tax Bill, 2025 Vs. Section...
    Show AI Summary
    Continuity of tax liability: dissolved firms treated as continuing for assessment, penalties, and recovery under new clause.
    Clause 330 treats a dissolved or discontinued firm as continuing for assessment and recovery, empowering tax authorities to assess total income, impose penalties, and apply all Act provisions; it imposes joint and several liability on partners and legal representatives and permits continuation of proceedings at the stage they stood at dissolution, while preserving other relevant statutory provisions through a saving clause.
    Act RulesBills
    Joint and Several Liability of Partners for Firm Tax Dues : Clause 329 of the Income Tax Bill, 2025 ...
    Show AI Summary
    Joint and several liability of partners: partners and estates may be pursued for firm tax and related penalties under the new Bill.
    The Bill imposes joint and several liability on every person who was a partner during the tax year and on the legal representatives of deceased partners for tax, penalty and other sums payable by the firm, allowing recovery from the firm or any partner and applying the Act's assessment, recovery and penalty machinery to such liabilities.
    Act RulesBills
    Taxation of Successor and Predecessor Partnership Firms : Clause 328 of the Income Tax Bill, 2025 Vs...
    Show AI Summary
    Succession of partnership firms requires separate assessments to apportion tax between predecessor and successor periods.
    Clause 328 mandates separate assessments where a firm is succeeded by another: income up to succession is assessed in the predecessor's hands and income thereafter in the successor's hands, with procedural rules to be applied as per Section 313; the clause excludes cases covered by the provision addressing change in constitution, preserving the distinction between succession and mere partner changes.
    Act RulesBills
    Assessing the Impact of Constitutional Changes in Firms : Clause 327 of the Income Tax Bill, 2025 Vs...
    Show AI Summary
    Change in constitution of a firm: assessment on the firm as constituted at assessment time, preserving tax continuity.
    Change in constitution of a firm provides that assessment shall be on the firm as constituted at the time of assessment where partners cease, new partners are admitted (with at least one pre existing partner continuing), or shares change; an exception preserves dissolution on the death of a partner. The clause modernizes language and cross references to updated assessment provisions, maintains continuity in tax liability, and places emphasis on partnership deeds, record keeping, and potential factual disputes over reconstitution versus succession.
    Act RulesBills
    Procedural Compliance and Taxation of Partnership Firms : Clause 326 of the Income Tax Bill, 2025 Vs...
    Show AI Summary
    Procedural compliance in partnership taxation: noncompliance bars firm deductions for partner payments while avoiding partner double taxation.
    Clause 326 of the Income Tax Bill, 2025, applies where a partnership firm fails to comply with Clause 325 procedural requirements; it invokes a non-obstante override to disallow deductions for payments to partners described as interest, salary, bonus, commission or remuneration, and concurrently excludes those disallowed amounts from taxation in the hands of partners, mirroring the substantive effect of the earlier statute while updating cross-references and structure.
    Act RulesBills
    Continuity and Change in the Taxation of Partnership Firms : Clause 325 of the Income Tax Bill, 2025...
    Show AI Summary
    Firm assessment requirements: written certified partnership instrument needed, with non compliance causing denial of partner deductions.
    Clause 325 requires that a partnership be evidenced by a written instrument specifying each partner's share and that a certified copy accompany the return when assessment as a firm is first sought; certification must be by all partners (excluding minors) or relevant predecessors/representatives on dissolution. Once assessed as a firm, continuity of assessment applies unless the firm's constitution or shares change, in which case a revised certified instrument must be filed and the conditions reapply. Failure to comply triggers denial of deductions for payments to partners and prevents those payments from being taxed in the partners' hands.

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      SEBI

      Empowering Investors: SEBI's New Framework for Enhanced Trading Account Security

      16 January, 2024

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      Circular No. SEBI/HO/MIRSD/POD-1/P/CIR/2024/4 - Dated: 12-1-2024 - Ease of Doing Investments by Investors- Facility of voluntary freezing/ blocking of Trading Accounts by Clients

      The SEBI Circular, referenced as SEBI/HO/MIRSD/POD-1/P/CIR/2024/4 and dated 12th January 2024, introduces significant changes aimed at enhancing the safety and ease of doing investments for investors in India. This circular is addressed to all recognized stock exchanges and registered trading members.

      The key issue addressed in this circular is the enhancement of security measures for trading accounts, specifically focusing on the facility for voluntary freezing or blocking of these accounts by clients. This measure is akin to the existing facility for blocking ATM and credit cards, and similar to the voluntary blocking/freezing option available for demat accounts.

      Key Points and Submissions

      1. Background and Need for Change: The shift from traditional call-and-trade methods to online trading has led to concerns over suspicious activities in trading accounts. Investors currently lack the facility to freeze or block their trading accounts in response to such activities.

      2. Proposal for Change: In consultation with the Brokers’ Industry Standards Forum (ISF), SEBI has decided to implement a framework for trading members to provide a voluntary account freezing/blocking facility to their clients. This is to be established by April 1, 2024.

      3. Details of the Policy: The policy will encompass:

        • Modes through which clients can request the blocking of their trading accounts.
        • Process for acknowledging these requests.
        • Timeframe for processing such requests and implementing the account freeze/block.

      4. Implementation and Compliance: Stock exchanges are required to ensure that the guidelines are implemented by July 1, 2024. They must also establish appropriate reporting requirements for trading members and submit a compliance report to SEBI by August 31, 2024.

      5. Obligations for Stock Exchanges: They are advised to take necessary steps for the implementation, make necessary amendments to their rules and regulations, and disseminate information about this new facility to trading members and on their websites.

      6. Legal Basis: The circular is issued under the powers conferred by Section 11(1) of the Securities and Exchange Board of India Act, 1992, and Regulation 30 of SEBI (Stock Brokers) Regulations, 1992.

      Implications and Impact

      • Investor Empowerment: This move significantly empowers investors, giving them more control and security over their trading accounts.
      • Prevention of Fraudulent Activities: The ability to quickly freeze or block an account can prevent potential fraudulent transactions.
      • Ease of Doing Business: This initiative aligns with the broader goal of enhancing the ease of doing business and investments in the Indian securities market.

      Conclusion

      The SEBI's new circular marks a crucial step towards safeguarding investors' interests in the digital age of trading. It reflects SEBI’s commitment to continuously evolving and enhancing the security and convenience of the investment environment in India.

      This article can further be enriched with insights from recent cybersecurity trends in financial markets, comparisons with global practices in trading account security, and expert opinions on the effectiveness of such measures.

       

      Full Text:

      Circular No. SEBI/HO/MIRSD/POD-1/P/CIR/2024/4 - Dated: 12-1-2024 - Ease of Doing Investments by Investors- Facility of voluntary freezing/ blocking of Trading Accounts by Clients

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