Section-by-Section Comparison
Income Tax Act 1961 → New Income Tax Act 2025
| Section (1961) | → Section (2025) | Heading / Subject | Status | Key Changes |
|---|---|---|---|---|
| GENERAL & BASIC PROVISIONS | ||||
| Sec 1 | Clause 1 | Short Title & Extent | Modified | Title changed to Income-Tax Act, 2025; extended to whole of India |
| Sec 2 | Clause 2 | Definitions | Modified |
|
| Sec 3 | Clause 3 | Previous Year | Modified | Renamed to "Tax Year"; aligns with financial year Apr 1–Mar 31 |
| RESIDENTIAL STATUS & SCOPE OF INCOME | ||||
| Sec 5 | Clause 5 | Scope of Total Income | Modified | Digital income sourced in India taxable even if received abroad |
| Sec 6 | Clause 6 | Residential Status | Modified |
|
| HEADS OF INCOME | ||||
| Sec 15–17 | Clause 15–18 | Salaries | Modified |
|
| Sec 22–27 | Clause 20–26 | Income from House Property | Modified |
|
| Sec 28–44 | Clause 27–55 | Profits & Gains of Business/Profession | Modified |
|
| — | Clause 67A | Virtual Digital Assets (VDA) | New |
|
| Sec 45–55A | Clause 67–80 | Capital Gains | Modified |
|
| Sec 56–59 | Clause 81–86 | Income from Other Sources | Modified |
|
| DEDUCTIONS & EXEMPTIONS | ||||
| Sec 80C | Clause 123 | Deductions – Investments | Modified |
|
| Sec 80D | Clause 124 | Medical Insurance Premium | Modified |
|
| Sec 80CCD | Clause 126 | National Pension System (NPS) | Modified |
|
| Sec 80DD / 80DDB | Clause 128 (merged) | Disability & Disease Deductions | Merged | Consolidated into single Clause 128; limits enhanced to ₹1.5 lakh |
| — | Clause 131A | Green Energy Investment Deduction | New |
|
| Sec 80G | Clause 133 | Donations to Charitable Institutions | Modified |
|
| Sec 80GG | Absorbed in 15–18 | Deduction for Rent Paid | Abolished | Subsumed under salary provisions; HRA exemption restructured |
| Sec 10 | Clause 11 | Exemptions | Modified |
|
| RETURN FILING & ASSESSMENT | ||||
| Sec 139 | Clause 263 | Return of Income | Modified |
|
| — | Clause 263A | Taxpayer Charter (Statutory) | New |
|
| Sec 143 | Clause 267 | Assessment / Scrutiny | Modified |
|
| Sec 148 / 148A | Clause 274–275 | Notice for Reassessment | Modified |
|
| TDS / TCS PROVISIONS | ||||
| Sec 192–196D | Clause 393–430 | TDS – Various Payments | Modified |
|
| Sec 194BA | Clause 408A | TDS – Online Gaming Winnings | New |
|
| Sec 194-O (extended) | Clause 415A | TDS – E-Commerce & Gig Economy | New |
|
| PENALTIES & PROSECUTION | ||||
| Sec 270A / 271 | Clause 439–441 | Penalty for Under-reporting | Modified |
|
| — | Clause 285BA | Annual Information Statement (AIS) – Expanded | New |
|
| INTERNATIONAL TAXATION & TRANSFER PRICING | ||||
| Sec 90 / 91 | Clause 148–150 | DTAA & Foreign Tax Credit | Modified |
|
| — | Clause 153A | Global Minimum Tax (Pillar Two) | New |
|
| Sec 92–92F | Clause 155–165 | Transfer Pricing | Modified |
|
| SPECIAL PROVISIONS & NEW REGIMES | ||||
| Sec 115BAC | Clause 202 | New Tax Regime (Default) | Modified |
|
| Sec 115BAB (extended) | Clause 206A | Manufacturing & Start-up Incentive | Modified |
|
| Sec 88E (STT rebate) | Abolished | STT Rebate | Abolished | STT rebate mechanism abolished; STT remains as a cost of acquisition |
| REFUNDS & ADVANCE TAX | ||||
| Sec 234B / 234C | Clause 386–387 | Interest on Advance Tax | Modified |
|
| — | Clause 244B | Instant Refund Processing | New |
|
For resident individuals with total income up to ₹50 lakh from salary, one house property, and other sources (excluding lottery/VDA). Not applicable if you are a director in a company or hold foreign assets.
For individuals and HUFs with income from capital gains, multiple house properties, foreign assets/income, or directorship. Does not include business or professional income.
For individuals and HUFs having income from business or profession (including partner's share from a firm), in addition to other heads of income.
For individuals, HUFs, and firms (excluding LLPs) with presumptive business income u/s 44AD (turnover ≤ ₹3 cr), 44ADA (receipts ≤ ₹75 lakh), or 44AE.
For partnership firms, LLPs, AOPs, BOIs, co-operative societies, and other legal entities excluding companies and trusts filing under sections 139(4A/4B/4C/4D).
For companies not claiming exemption under section 11 (charitable/religious trust). Includes domestic companies, foreign companies, and those under new concessional tax regimes (115BAA, 115BAB).
For persons including companies filing returns under sections 139(4A), 139(4B), 139(4C), 139(4D): charitable/religious trusts, political parties, research institutions, universities.
Issued by employer to employee. Part A shows TDS deducted & deposited; Part B shows salary details, perquisites, exemptions, and net taxable salary. Mandatory issue by 15 June each year.
Issued for TDS deducted on non-salary payments: rent, professional fees, interest, dividend, etc. Generated from TRACES portal by deductor quarterly.
Issued by buyer to seller for TDS deducted u/s 194-IA on immovable property purchase ≥ ₹50 lakh. Generated on TRACES after Form 26QB payment.
Consolidated tax statement: TDS, TCS, advance tax, self-assessment tax, refunds, foreign remittances, GST turnover, and financial transactions. AIS now includes VDA, social media income, and foreign asset data.
15G: For non-seniors with income below exemption limit to avoid TDS on interest. 15H: For senior citizens (60+). Submitted to banks/payers. Electronic submission mandatory on IT portal from FY 2026-27.
Challan-cum-statement for TDS on property purchase u/s 194-IA. Filed by buyer within 30 days from end of the month of payment/registration.
Replaces Form 10-IE. Filed by individuals/HUFs with business income to opt out of new default tax regime and choose old regime. Once exercised, can only switch back once.
Filed to claim credit for taxes paid in foreign countries against Indian tax liability under DTAA provisions. Simplified for FY 2026-27 with digital verification of foreign tax payment.
Filed by non-residents who cannot provide Tax Residency Certificate (TRC) with all required info for DTAA benefits. Now mandatory to e-file on Income Tax Portal.
3CA: Audit report where accounts audited under other law. 3CB: Audit report where accounts not so audited. 3CD: Statement of particulars. Required for businesses with turnover >₹1 cr (non-digital) or ₹10 cr (digital).
| Income Slab | Rate | Effective Tax* |
|---|---|---|
| Up to ₹4,00,000 | Nil | ₹0 |
| ₹4,00,001 – ₹8,00,000 | 5% | ₹20,000 |
| ₹8,00,001 – ₹12,00,000 | 10% | ₹40,000 |
| ₹12,00,001 – ₹16,00,000 | 15% | ₹60,000 |
| ₹16,00,001 – ₹20,00,000 | 20% | ₹80,000 |
| ₹20,00,001 – ₹24,00,000 | 25% | ₹1,00,000 |
| Above ₹24,00,000 | 30% | As applicable |
| Income Slab | Rate | Deductions |
|---|---|---|
| Up to ₹2,50,000 | Nil | 80C (₹1.5L+) · 80D · 80CCD · HRA · LTA · Home Loan Interest · Standard Deduction ₹50K etc. |
| ₹2,50,001 – ₹5,00,000 | 5% | |
| ₹5,00,001 – ₹10,00,000 | 20% | |
| Above ₹10,00,000 | 30% |
| Category | Base Rate | Effective Rate (incl. surcharge+cess) |
|---|---|---|
| Domestic companies (turnover <₹400 cr) | 25% | 26.0% |
| Domestic companies (turnover ≥₹400 cr) | 30% | 31.2% |
| 115BAA – Existing Mfg. companies | 22% | 25.17% |
| 115BAB – New Mfg. companies (set up ≤2028) | 15% | 17.01% |
| Foreign companies | 40% | 41.6% |
| Sunrise sector companies (space/EV/semi) | Exempt* | 10-year holiday |
| Income Range (Individuals) | Surcharge |
|---|---|
| Up to ₹50 lakh | Nil |
| ₹50 lakh – ₹1 crore | 10% |
| ₹1 crore – ₹2 crore | 15% |
| ₹2 crore – ₹5 crore | 25% |
| Above ₹5 crore | 37% → capped at 25% (new regime) |
Zero Tax Up to ₹12 Lakh
Section 87A rebate increased to ₹60,000 under the new regime. For salaried individuals, effective zero-tax income is ₹12.75 lakh after ₹75,000 standard deduction.
Clause 202 → 87A | Effective FY 2025-26New Tax Code – Plain Language
The 622-page Income Tax Act 1961 with 298 sections replaced by a cleaner, simpler 536-clause Act with plain English. Technical jargon minimised by 40%.
Enacted 2025 | Effective FY 2026-27New Regime as Default
The new tax regime is default for all individuals and HUFs. Old regime requires explicit opt-in each year (salaried) or a one-time switch (business income holders).
Clause 202 | Form 10-IEA for businessCrypto / VDA – Dedicated Clause
Virtual Digital Assets get a dedicated head (Clause 67A). 30% flat tax on gains with no set-off. 1% TDS on transfers exceeding ₹10,000. NFTs explicitly included.
New Clause 67A | TDS via Clause 408AGlobal Minimum Tax (Pillar Two)
OECD Pillar Two enacted: 15% effective minimum tax for multinational groups with turnover >€750 million. IIR and UTPR rules in Clause 153A.
New Clause 153A | MNCs onlyFaceless Assessment & AI Scrutiny
Faceless assessment is now permanent. AI-based risk scoring selects returns for scrutiny. Assessment time limit: 18 months from end of assessment year.
Clause 267 | CBDT AI frameworkManufacturing Incentives Extended
15% concessional rate for new manufacturing companies extended to 2028. Sunrise sectors (semiconductors, space, EVs) get 10-year tax holiday.
Clause 206A | 115BAB extendedGreen Energy Deductions (New)
30% deduction on investments in solar/renewable assets. EV purchase deduction up to ₹1.5 lakh. Green bond investments exempt up to ₹50,000.
New Clause 131A | FY 2026-27 onwardsUpdated Return – 4-Year Window
Taxpayers can now file updated returns within 4 years (up from 2 years) with additional tax payment. Clause 263 replaces Section 139(8A).
Clause 263 | 25%/50% additional taxInstant Refunds – 10 Days
New Clause 244B mandates automated refund processing within 10 days for simple returns. Interest at 0.5%/month if refund delayed beyond 45 days.
New Clause 244B | Portal automationGig Economy & Platform TDS
New TDS obligation on platforms paying gig workers (Clause 415A). 1% TDS on gross transaction value. Gig income schedule added to ITR-3 and ITR-4.
New Clause 415A | App-based workersAngel Tax Abolished
Section 56(2)(viib) – the "angel tax" on excess share premium received by start-ups from investors – is abolished for DPIIT-recognised start-ups, boosting the start-up ecosystem.
Clause 81 | DPIIT certified start-upsTaxpayer Charter – Statutory Force
Rights and obligations of taxpayers (fair treatment, refund interest, right to appeal) now carry statutory force under new Clause 263A, not just administrative guidelines.
New Clause 263A | Enforceable rightsSenior Citizen Benefits Enhanced
80D limit for seniors: ₹75,000. Advance tax waived if TDS credit exceeds ₹1 lakh (non-business). 80DD/80DDB merged and limits enhanced to ₹1.5 lakh.
Clause 124, 128 | 60+ taxpayersOnline Gaming – 30% Flat Tax
Online gaming winnings taxed at 30% flat rate with no minimum threshold. Platform-level TDS obligation under Clause 408A. Net winnings calculation prescribed.
Clause 81 + 408A | No set-off allowed-
67A(1)
Definition of VDA for Tax Purposes
Any information, code, number or token generated through cryptographic means providing a digital representation of value, including — (a) cryptocurrency; (b) non-fungible tokens (NFTs); (c) any other token of similar nature; (d) digital assets notified by Central Government. Excludes Indian currency, foreign currency, and traditional financial instruments.Note: Central Government retains power to notify additional assets within VDA definition via official gazette — expands coverage to future tokenised instruments. -
67A(2)
VDA as Separate Head of Income
Income arising from transfer, sale, exchange, or redemption of VDA shall be computed under this dedicated head and not under any other head of income. This ensures VDA income cannot be blended with business income or capital gains.- Transfer includes sale on exchange, P2P transfer, swap, conversion
- Gift of VDA: taxable as income in hands of recipient at FMV
- Mining income: taxable at FMV on date of receipt
- Staking/yield rewards: taxable as income from VDA on receipt
-
67A(3)
Tax Rate — 30% Flat
Tax on VDA income shall be charged at a flat rate of 30% irrespective of the amount or the tax regime (old or new) chosen by the taxpayer. The flat rate applies on gross transfer value minus cost of acquisition only.- No basic exemption slab benefit on VDA income
- No deduction for mining expenses, exchange fees, internet costs
- Cost of acquisition = original purchase price in INR (FIFO basis)
- Cost of acquisition of gifted VDA = FMV on date of gift
-
67A(4)
No Set-Off of VDA Losses
Loss from transfer of one VDA cannot be set off against:- Income under any other head (salary, business, capital gains, other sources)
- Profit from another VDA in the same year
- Any income in any subsequent assessment year (no carry forward)
This is significantly stricter than capital loss rules. A crypto portfolio loss is a dead loss — it provides no tax benefit whatsoever. -
67A(5)
Valuation & FMV Rules
In cases where VDA is transferred for inadequate consideration or where no consideration is paid, the fair market value (FMV) shall be determined as per rules prescribed by CBDT. FMV = average of highest and lowest price on recognised exchange on date of transfer. Rule notified by CBDT Exchange-reported FMV Import transactions -
67A(6)
VDA Received as Gift
Where a person receives VDA as a gift: (a) aggregate FMV ≤ ₹50,000 — exempt; (b) aggregate FMV > ₹50,000 — entire FMV taxable. Gift from specified relatives always exempt. Gifted VDA from non-relatives valued on date of gift and taxed as income of recipient. -
67A(7)
TDS Cross-Reference
TDS obligations on VDA transfers governed by Clause 408A (equivalent of Sec 194S). Every exchange and buyer-platform must deduct 1% TDS on every VDA transfer exceeding the threshold. Quarterly reporting via Form 26QF (new form). Clause 408A 1% TDS Form 26QF
-
131A(1)
Deduction for Solar/Renewable Energy Asset Investment
Deduction of 30% of cost of solar panels, rooftop solar systems, wind energy micro-generators, bio-gas units, or any other MNRE-approved renewable energy asset installed at a residential property. Maximum deduction: ₹1,50,000 per year.- Asset must be installed at taxpayer's own residential property
- Certificate from approved installer mandatory
- Grid-connected or standalone systems both eligible
-
131A(2)
Electric Vehicle Purchase Deduction
Deduction of loan interest paid on purchase of electric vehicle up to ₹1,50,000 per year. Covers two-wheelers, three-wheelers, and four-wheelers. EV must be registered in taxpayer's name and loan taken from financial institution.- Vehicle must be FAME-II or FAME-III certified
- Loan from scheduled bank, NBFC, or recognised financial institution
- Deduction allowed from year of loan sanction to full repayment
- Cumulative cap: lifetime interest of ₹15 lakh per vehicle
This clause effectively replaces and enhances Sec 80EEB (now abolished and merged here) with higher limits and extended coverage to all EV categories. -
131A(3)
Green Bond Investment Deduction
Investment in SEBI-certified green bonds issued by companies, PSUs, or government up to ₹50,000 per year is deductible. Lock-in period: 3 years minimum. SEBI Green Bond Framework PSU Green Bonds Municipal Green Bonds -
131A(4)
Conditions & Restrictions
- Available only to resident individuals and HUFs
- Not available under new tax regime (Clause 202)
- 131A(1) + 131A(3) combined cannot exceed ₹1,50,000
- 131A(2) is a standalone sub-clause with separate ₹1,50,000 limit
- Assets claimed under 131A(1) not eligible for depreciation
- Transfer within 5 years: deduction reversed and taxed as income
-
131A(5)
Documentation Requirements
Taxpayer must maintain: (a) invoice from registered installer/dealer; (b) installation certificate from MNRE-approved body; (c) loan sanction letter from financial institution; (d) SEBI green bond certificate. Documents to be produced on demand within 30 days.
-
153A(1)
Applicability & Threshold
Applies to Constituent Entities (CEs) of Multinational Enterprise (MNE) Groups where the consolidated group revenue exceeds €750 million (approx. ₹6,750 crore) in at least 2 of the preceding 4 fiscal years. Includes Indian parent companies of MNEs and Indian subsidiaries of foreign MNE groups. €750 mn threshold 4-year look-back MNE Groups only -
153A(2)
Income Inclusion Rule (IIR) — Top-Up Tax by Parent
Where a low-taxed Constituent Entity (CTE) pays tax below 15% ETR, the Ultimate Parent Entity (UPE) located in India must pay a top-up tax equal to the difference between 15% ETR and the actual ETR in the low-tax jurisdiction. Formula:
Top-Up Tax = (15% − Actual ETR) × GloBE Income of CTE- GloBE Income = financial accounting income with GloBE adjustments
- Substance-based Income Exclusion (SBIE) deducted before computing top-up
- SBIE = 5% of tangible assets + 5% of payroll costs (phased down over 10 years)
-
153A(3)
Undertaxed Profits Rule (UTPR)
A backstop to IIR. If the parent entity is in a jurisdiction that has not enacted Pillar Two, India can collect top-up tax from Indian subsidiaries or branches of the MNE group, proportional to their share of employees and tangible assets in India. Applies only after IIR has been fully applied. Backstop mechanism Employee + asset allocation key -
153A(4)
Qualified Domestic Minimum Top-Up Tax (QDMTT)
India levies its own domestic minimum tax at 15% on GloBE income of all Constituent Entities located in India. This ensures India — not the parent jurisdiction — collects the top-up tax on India-sourced income. QDMTT is creditable against the parent's IIR liability.QDMTT effectively protects India's taxing rights and prevents revenue leakage to foreign treasuries when Indian entities are under-taxed. -
153A(5)
Computation of Effective Tax Rate (ETR)
ETR = Adjusted Covered Taxes ÷ Net GloBE Income (per jurisdiction)
Adjusted Covered Taxes include corporate income tax, withholding tax, deferred tax, and CFC taxes. Excludes non-qualifying taxes, refundable tax credits, and disqualified refundable imputation taxes.- Country-level blending applies (all entities in one country aggregated)
- Deferred tax accounting rules per GloBE Model Rules apply
- International shipping income excluded from GloBE
-
153A(6)
Safe Harbours & Exclusions
- De minimis exclusion: Countries with <€10 mn revenue or <€1 mn profit excluded
- Transitional CbCR Safe Harbour: Applies for FY 2024-27 if CbCR shows adequate ETR
- Simplified ETR Safe Harbour: If local ETR under QDMTT ≥ 15% — no further IIR top-up
- Excluded entities: Government entities, pension funds, international organisations, investment funds that are UPEs
-
153A(7)
GloBE Information Return (GIR) — Reporting
Indian MNE groups and Indian subsidiaries of foreign MNE groups must file a GloBE Information Return in prescribed Form (GIR-1) within 15 months (18 months for transition year) from the end of fiscal year. Filed on Income Tax Portal. Penalty for non-filing: ₹5 lakh per month up to ₹50 lakh. Form GIR-1 15/18 month deadline Penalty ₹5L/month
-
202(1)
New Regime as Default
The new tax regime under Clause 202 shall be the default mode of taxation for every individual and Hindu Undivided Family for any previous year beginning on or after April 1, 2024. No action needed to opt in — taxpayers who wish to use the old regime must explicitly opt out. -
202(2)
Tax Rate Schedule — New Regime
Total Income Rate Up to ₹4,00,000 NIL ₹4,00,001 – ₹8,00,000 5% ₹8,00,001 – ₹12,00,000 10% ₹12,00,001 – ₹16,00,000 15% ₹16,00,001 – ₹20,00,000 20% ₹20,00,001 – ₹24,00,000 25% Above ₹24,00,000 30% -
202(3)
Rebate under Clause 87A (Enhanced)
Tax rebate of ₹60,000 (or actual tax payable, whichever is lower) available if total income does not exceed ₹12,00,000. This makes income up to ₹12 lakh effectively tax-free under the new regime.- Salaried individuals: Effective zero-tax threshold = ₹12,75,000 (after ₹75,000 standard deduction)
- Rebate not available on STCG (111A), LTCG (112A), VDA income — these are always taxable
- Surcharge not applicable where rebate fully eliminates tax
Example: Income ₹12 lakh → Tax = ₹20,500 → Rebate = ₹20,500 → Net Tax = ₹0. Income ₹12.01 lakh → No rebate → Full tax payable. Marginal relief provisions apply between ₹12L–₹12.75L. -
202(4)
Standard Deduction under New Regime
Standard deduction of ₹75,000 (increased from ₹50,000) available to salaried individuals and pensioners under new regime. Family pension standard deduction: ₹25,000. These are the only salary-related deductions allowed under new regime. -
202(5)
Deductions NOT Available under New Regime
The following deductions/exemptions are not available to taxpayers opting for new regime:- 80C, 80CCC, 80CCD(1) — investments in LIC, PPF, ELSS, NPS
- 80D — medical insurance premium
- 80DD, 80DDB — disability and disease deductions
- 80E — education loan interest
- 80G — donations
- 80TTA, 80TTB — savings account interest
- HRA exemption (Clause 11(13A))
- LTA (Leave Travel Allowance)
- Section 24(b) — interest on home loan for self-occupied property
- Professional tax deduction
-
202(6)
Deductions ALLOWED under New Regime
- Standard deduction: ₹75,000 (salary/pension)
- 80CCD(2): Employer contribution to NPS — 14% of salary (private sector), 14% (govt from 2024)
- 80CCH: Contribution to Agniveer Corpus Fund (Agnipath scheme)
- Interest on let-out property: Deductible without ₹2 lakh cap restriction
- Clause 131A: Green energy deductions — NOT available under new regime
- Transport allowance for physically disabled employees
- Conveyance allowance in specific employment types
-
202(7)
Opting Out — Procedure
- Salaried individuals: Opt for old regime at time of filing ITR each year. Inform employer via declaration for TDS purposes.
- Business/profession income: File Form 10-IEA before due date of return. Switch back to new regime allowed only once in lifetime (irrevocable thereafter).
- HUF: Same rules as individuals with business income.
-
263A(1)
Right to Fair, Courteous & Reasonable Treatment
Every taxpayer shall be treated with fairness, courtesy, and without any discrimination. The department shall presume that every taxpayer is honest unless proven otherwise. Officers must act without bias and with objective reasoning while issuing notices, conducting assessments, or collecting taxes. -
263A(2)
Right to Certainty & Consistency
Taxpayer is entitled to complete, accurate, and timely information about applicable law. The department shall issue clear guidelines, circulars, and FAQs to ensure taxpayers understand their obligations. Retrospective changes in interpretation by the department without prior notice are prohibited. -
263A(3)
Right to Appeal & Be Heard
Every taxpayer has the right to: (a) be heard before any adverse order; (b) file an appeal against any order within prescribed time; (c) be represented by an authorised representative (CA, advocate, tax practitioner); (d) receive speaking orders with reasons; (e) escalate grievances through the grievance redressal mechanism. -
263A(4)
Right to Timely Refunds with Interest
Where a refund is due, it shall be processed: (a) within 10 days for simple/pre-verified returns (Clause 244B); (b) within 45 days in all other cases. Interest at 0.5% per month or part month is payable from the 46th day until the date of refund. This interest is automatic — no separate application required. -
263A(5)
Right to Privacy & Confidentiality
All information furnished by a taxpayer shall be kept strictly confidential. The department shall not disclose any taxpayer information except: (a) as required under law; (b) to other government agencies with statutory authority; (c) under international information exchange agreements (DTAA/TIEA). Unauthorised disclosure by an officer attracts penalty under Clause 280. -
263A(6)
Obligations of Taxpayer
Corresponding to these rights, taxpayers are obligated to:- File returns honestly, accurately, and timely
- Maintain books of accounts as prescribed
- Respond to notices within stipulated time
- Cooperate during assessments and audits
- Pay tax dues on time to avoid interest and penalties
- Keep department informed of change in address/contact
-
263A(7)
Enforcement & Accountability
Violation of taxpayer rights by officers attracts: (a) disciplinary proceedings under service rules; (b) complaint before the Taxpayer Grievance Redressal Authority (new body under Clause 263B); (c) adverse remarks in Annual Performance Report (APR) of the officer. CBDT to publish annual compliance report on Charter enforcement.The Charter gives taxpayers a legal basis to challenge arbitrary departmental actions — a significant shift from the purely government-favourable structure of the 1961 Act.
-
244B(1)
Instant Refund — 10-Day Processing
Returns qualifying for instant processing shall receive refund credit within 10 working days from the date of e-verification of the return. Qualifying criteria: (a) ITR-1 or ITR-2 filed; (b) pre-filled data accepted without modification; (c) no outstanding demands; (d) bank account pre-validated on IT portal; (e) AIS/26AS data matches return data. -
244B(2)
Standard Processing — 45-Day Timeline
All other returns shall be processed and refunds issued within 45 days from the end of the month in which return is filed. Applicable to ITR-3 to ITR-7, complex ITR-2 with foreign assets, returns under scrutiny/limited scrutiny, and updated returns (ITR-U). -
244B(3)
Interest on Delayed Refunds
Where refund is not issued within: (a) 10 working days (instant category) — interest at 0.5% per month from day 11; (b) 45 days (standard category) — interest at 0.5% per month from the 46th day. Interest is automatic and credited along with refund principal. No separate application required.Under IT Act 1961 (Sec 244A), interest accrued only after 3 months for most refunds. The new provision is significantly more favourable to taxpayers. -
244B(4)
Refund Issuance Modes
Refunds shall be issued exclusively via: (a) NEFT/RTGS to pre-validated bank account linked to PAN; (b) UPI (Unified Payments Interface) for refunds up to ₹25,000. Cheque-based refunds abolished from FY 2026-27 onwards. NEFT mandatory UPI for ≤₹25,000 No cheques -
244B(5)
Exclusions from Instant Refund
Following categories not eligible for 10-day processing: (a) returns under scrutiny/survey/search; (b) returns where demand pending from prior years; (c) returns with foreign asset/income disclosures; (d) returns with VDA income; (e) returns of companies and firms; (f) updated returns (ITR-U); (g) returns with TDS mismatch above ₹5,000. -
244B(6)
Refund Failure & Re-credit
Where refund fails due to incorrect bank details: (a) taxpayer notified via SMS and email within 3 days; (b) 90-day window to update bank details; (c) failed refund auto-re-credited after bank update with original interest. No fresh refund application needed.
-
412(1)
Nature of Payments Covered
TDS applies to all payments by a firm or LLP to a partner in the nature of: (a) salary/remuneration; (b) interest on capital; (c) bonus; (d) commission; (e) any other remuneration by whatever name called. Covers working partners and silent partners receiving interest on capital. -
412(2)
TDS Rate & Threshold
TDS rate: 10% on the aggregate payment to each partner exceeding ₹20,000 in a financial year. The 10% rate applies on the full amount (not just the amount above ₹20,000) once the threshold is crossed. 10% flat rate ₹20,000 threshold per partner Aggregate in FY -
412(3)
Deduction Timing
TDS shall be deducted at the time of: (a) credit of such income to partner's capital/current account; or (b) actual payment, whichever is earlier. For book entries crediting interest quarterly, TDS applies on each credit. -
412(4)
Filing & Deposit Requirements
TDS deducted must be deposited by 7th of following month (31 March deductions by 30 April). Quarterly TDS return in Form 26Q (existing form, updated). TDS certificate Form 16A to be issued to each partner within 15 days of due date of quarterly return. -
412(5)
Impact on Partner's Tax Filing
Partner's TDS credit will appear in Form 26AS and AIS. Partner can claim TDS credit in ITR. Income remains taxable in partner's hands as business income (share of firm profit is still tax-exempt u/c 10(2A)). TDS at 10% is advance tax — partners pay balance/get refund at ITR stage.Partner's share of profit (after partner's remuneration/interest) remains exempt in partner's hands as before. Only the firm's deductible payments (salary, interest) are now subject to TDS.
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415A(1)
Applicability — Covered Platforms
Every digital aggregator or platform that connects service providers with customers and makes payments/settlements to service providers is covered. Examples include: food delivery (Swiggy, Zomato), ride-hailing (Ola, Uber), freelance (Upwork, Fiverr, Toptal), home services (Urban Company), logistics (Dunzo, Shiprocket), content (YouTube, Instagram monetisation). -
415A(2)
TDS Rate & Threshold
TDS at 1% on gross payment made to every gig worker/service provider. No minimum threshold — applies from the first rupee paid. Deducted at time of each weekly/bi-weekly settlement or at time of payment, whichever is earlier.- Gross payment = full settlement before any platform fee deduction
- TDS deducted from net payment remitted to worker
- Incentive payments and tips also covered
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415A(3)
Gig Worker Registration & PAN Linkage
Platforms must: (a) collect and verify PAN of every service provider; (b) link payment settlement to PAN; (c) where PAN not available — deduct TDS at 20% (Clause 446A). Platforms to maintain worker database on IT portal's API gateway. PAN mandatory for 1% rate 20% without PAN API integration with IT portal -
415A(4)
Filing & Reporting
Platforms file quarterly TDS statement in Form 26Q with additional gig-worker specific Schedule GW. Annual information on all gig payments reported in Statement of Financial Transactions (SFT) Form 61A. First filing due: July 31, 2026. -
415A(5)
Credit & ITR Filing by Gig Workers
TDS credit appears in gig worker's Form 26AS/AIS. Workers with income below exemption limit may claim full refund. Workers file ITR-3 (maintaining accounts) or ITR-4 (Sugam under 44ADA presumptive if receipts ≤ ₹75 lakh). Presumptive income under 44ADA: 50% of gross receipts deemed as profit.This effectively formalises the gig economy — bringing crores of delivery partners, drivers, and freelancers into the documented income tax system for the first time.
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285BA(1)
Expanded Reporting Entities (Specified Persons)
New entities added as mandatory SFT (Statement of Financial Transactions) filers: (a) crypto exchanges registered in India or transacting with Indian users; (b) app-based gig platforms (Clause 415A); (c) social media platforms with monetisation programmes; (d) foreign portfolio investors (FPIs); (e) authorised dealers for LRS remittances above ₹7 lakh; (f) property registrars for all registrations above ₹30 lakh. -
285BA(2)
New Information Categories in AIS
AIS shall now include: (a) all VDA transactions on Indian exchanges; (b) foreign asset & income disclosures (Schedule FA in ITR); (c) gig platform payments per worker; (d) social media monetisation payments (YouTube AdSense, Meta Reels bonus, Instagram etc.); (e) import/export transactions above ₹5 lakh via banking channels; (f) international credit/debit card spends abroad above ₹2 lakh. -
285BA(3)
AI-Based Anomaly Detection
CBDT's AI system shall automatically flag: (a) return filers showing significant lifestyle expenditure (property, travel, vehicles) inconsistent with declared income; (b) VDA transactions not reported in ITR; (c) foreign remittances without corresponding foreign income disclosure; (d) large cash deposits not explained by declared income. Flagged cases are auto-selected for scrutiny without manual intervention.This marks a paradigm shift — the burden of explanation shifts to the taxpayer when AIS data doesn't match the ITR. Silence or non-response to AI-flagged cases can lead to best-judgment assessment. -
285BA(4)
ITR Auto-Population from AIS
With taxpayer's consent, the following fields shall be auto-populated in ITR from AIS: salary (from Form 16), TDS credits (from 26AS), dividend income, interest income, capital gains from securities (from CDSL/NSDL), property transactions (from registrar SFT). Taxpayer may accept or modify auto-filled data — modifications require reason. -
285BA(5)
Taxpayer Feedback Mechanism
Where AIS shows a transaction the taxpayer disputes: (a) online objection can be filed within 30 days; (b) SFT filer is notified and required to respond within 15 days; (c) if confirmed erroneous — AIS is corrected; (d) if confirmed correct — taxpayer must either amend return or provide explanation. Persistent disputes escalated to Assessing Officer. -
285BA(6)
Penalty for Non-Reporting by Specified Persons
Failure to file SFT or filing with inaccurate information: (a) initial default: ₹500/day; (b) after notice: ₹1,000/day; (c) inaccurate reporting: ₹50,000 per transaction type; (d) crypto exchanges: penalty may extend to suspension of VASP registration. ₹500/day initial ₹1,000/day after notice VASP suspension for exchanges
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206A(1)
15% Concessional Rate — New Manufacturing Companies (Extended)
Domestic companies incorporated on or after 1 October 2019 and commencing manufacturing before 31 March 2028 (extended from 31 March 2024) may opt for 15% tax rate instead of 22%/25%/30%. Effective tax rate including surcharge and cess: 17.01%.- Company must not engage in any business other than manufacturing
- No inter-corporate loans, no royalty income from group companies
- MAT does not apply to these companies
- Option exercised in Form 10-IC (irrevocable)
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206A(2)
Deep-Tech Start-up Tax Holiday — 3 Years
DPIIT-recognised start-ups engaged in: AI/ML, quantum computing, biotechnology, advanced semiconductors, or space technology shall receive a 3-year tax holiday (100% deduction of profits) in any 3 years out of first 10 years of incorporation.- Minimum R&D expenditure: 15% of total expenses
- DPIIT certification renewed annually
- Turnover cap: ₹200 crore for eligibility
- No restriction on dividend distribution during holiday years
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206A(3)
Sunrise Sector 10-Year Tax Holiday
Companies incorporated after 1 April 2026 in notified sunrise sectors receive a 10-year complete tax holiday. Notified sectors: (a) semiconductor fabrication; (b) advanced EV batteries; (c) satellite/space launch vehicles; (d) defence manufacturing (FDI >51%); (e) green hydrogen production; (f) pharmaceutical API manufacturing.This is India's most generous corporate tax incentive — designed to attract semiconductor fabs (like those planned by Tata and PSMC) and compete with Singapore/Taiwan incentive regimes. -
206A(4)
Conditions & Eligibility
- Company must be newly incorporated (no conversion from existing)
- No past business activity before the commencement date
- Investment threshold: ₹100 crore (deep-tech), ₹1,000 crore (sunrise sectors)
- Employment: minimum 100 full-time employees (deep-tech), 500 (sunrise)
- QDMTT under Clause 153A overrides holiday if global ETR <15% for MNE groups
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206A(5)
Anti-Abuse Provisions
Incentive shall be withdrawn with interest if: (a) company transfers assets to related party within 5 years; (b) company merges with non-eligible entity; (c) declared turnover found to be underreported by ≥25%. GAAR provisions (Clause 95–101) continue to apply.
| Component | New Regime | Old Regime | Savings |
|---|---|---|---|
| Enter income details to see comparison | |||
ITR Return Forms — Old Code vs New Code 2025
Filing requirements, thresholds, and due dates for FY 2026-27
| Form | Old Code (1961) | New Code (2025) | Who Must File | Income Threshold / Limit | Due Date | Status |
|---|---|---|---|---|---|---|
| ITR-1 Sahaj |
Sec 139(1) | Clause 263(1) | Resident Individual Salary/Pension 1 House Property Interest/Dividend ❌ Not for directors, foreign asset holders, or VDA income | Total income ≤ ₹50 lakhAgricultural income ≤ ₹5,000 | 31 Jul 2026 | Revised |
| ITR-2 | Sec 139(1) | Clause 263(1) | Individual HUF Capital Gains Multiple Properties Foreign Assets/Income Director ❌ Not if business/profession income exists | No upper limitIncludes LTCG/STCG, foreign assets, unlisted shares | 31 Jul 2026 | Revised |
| ITR-3 | Sec 139(1) | Clause 263(1) | Individual HUF Business/Profession Partner in Firm Gig Workers | No upper limitRequires P&L, Balance Sheet if accounts maintained | 31 Oct 2026(if audit) | Revised |
| ITR-4 Sugam |
Sec 44AD / 44ADA / 44AE | Clause 57 / 58 / 59 | Individual HUF Firm (not LLP) Presumptive Income ❌ Not for directors, foreign asset holders |
44AD: Turnover ≤ ₹3 cr (digital 95%+); ≤ ₹2 cr (others) 44ADA: Gross receipts ≤ ₹75 lakh (digital 50%+); ≤ ₹50L 44AE: ≤ 10 goods carriages Total income ≤ ₹50 lakh |
31 Jul 2026 | Revised |
| ITR-5 | Sec 139(1) | Clause 263(1) | Partnership Firm LLP AOP / BOI Co-op Society Artificial Juridical Person ❌ Not for companies or trusts filing ITR-7 | No upper limitAudit required if turnover > ₹1 cr (non-digital) / ₹10 cr (digital) | 31 Oct 2026 | Revised |
| ITR-6 | Sec 139(1) | Clause 263(1) | Domestic Company Foreign Company 115BAA / 115BAB ❌ Not for companies exempt u/s 11 (trusts) | No upper limitMandatory tax audit; MAT / AMT applicable | 31 Oct 2026 | Revised |
| ITR-7 | Sec 139(4A/4B/4C/4D) | Clause 263(4A/4B/4C/4D) | Charitable Trust Religious Trust Political Party Universities Research Institutions News Agencies | As applicable to entity type12A registration mandatory for charitable exemption | 31 Oct 2026 | Revised |
| ITR-U Updated Return |
Sec 139(8A) | Clause 263 (Updated Return) | All Taxpayers ❌ Not if no additional tax liability; not for reduction of loss/refund | Within 4 years from end of AY (extended from 2 years)Additional tax: 25% if within 1 yr; 50% if 1–4 yrs of AY end | Anytime within 4 yrs | Modified |
| ITR-V Verification |
Sec 140 | Clause 266 | All Taxpayers Only if e-verification not done digitally | Send signed copy to CPC BengaluruWithin 30 days of filing (by post/Speed Post only) | 30 days from filing | Retained |
Other Income Tax Forms — Complete List
TDS certificates, declarations, audit reports, foreign remittance, appeal & compliance forms
| Form | Old Code (1961) | New Code (2025) | Purpose | Filed By | Threshold / Limit | Status |
|---|---|---|---|---|---|---|
| TDS CERTIFICATES | ||||||
| Form 16 Part A + B |
Sec 203 | Clause 425 | TDS certificate for salary income issued by employer. Part A: TDS deposited. Part B: Salary breakup, exemptions, deductions | Employer → Employee | Mandatory if TDS deductedIssue by 15 Jun of AY | Revised |
| Form 16A | Sec 203 | Clause 425 | TDS certificate for non-salary payments: interest, rent, professional fees, commission, dividends | Deductor → Deductee | Issued quarterly via TRACESWithin 15 days of due date of Q return | Retained |
| Form 16B | Sec 194-IA | Clause 415 (Property) | TDS certificate for TDS on immovable property purchase. Generated via TRACES after Form 26QB payment | Buyer → Seller | Property value ≥ ₹50 lakhIssue within 15 days of 26QB due date | Revised |
| Form 16C | Sec 194-IB | Clause 407A | TDS certificate for TDS on rent paid by individual/HUF (not covered under 194-I) | Tenant → Landlord | Rent ≥ ₹50,000/monthIssue after 26QC filing | Retained |
| Form 16D | Sec 194M | Clause 415B | TDS certificate for payments by individuals/HUF for contractor, professional fees, commission >₹50 lakh | Individual/HUF Payer | Total payments ≥ ₹50 lakh/year | Retained |
| TDS CHALLANS & RETURNS | ||||||
| Form 26QB | Sec 194-IA | Clause 415 | Challan-cum-statement for TDS on immovable property. Buyer files and pays TDS, then downloads Form 16B for seller | Buyer of Property | Property ≥ ₹50 lakhFile & pay within 30 days from end of month of payment | Retained |
| Form 26QC | Sec 194-IB | Clause 407A | Challan-cum-statement for TDS on rent by individual/HUF (not under 194-I) | Individual/HUF Tenant | Rent ≥ ₹50,000/monthFile within 30 days from last month of tenancy/year end | Retained |
| Form 26QD | Sec 194M | Clause 415B | Challan-cum-statement for TDS on contractor/professional/commission by individuals not under tax audit | Individual/HUF Payer | Payments ≥ ₹50 lakh/yearFile within 30 days from end of month of payment | Retained |
| Form 24Q | Sec 192 | Clause 393 | Quarterly TDS return for salary payments by employer | Employer (Deductor) | All salary TDS deductorsDue: 31 Jul/31 Oct/31 Jan/31 May (Q4) | Retained |
| Form 26Q | Sec 200 | Clause 420 | Quarterly TDS return for all non-salary payments (interest, rent, professional, contractor etc.) | All Deductors (Non-salary) | All non-salary TDS deductorsDue: 31 Jul/31 Oct/31 Jan/31 May | Retained |
| Form 27Q | Sec 200 | Clause 420 | Quarterly TDS return for payments to non-residents (other than salary) | Deductor (NR payments) | Payments to non-residents / foreign companiesSame quarterly due dates | Retained |
| Form 27EQ | Sec 206C | Clause 446 | Quarterly TCS return for all tax collected at source transactions | TCS Collector | All entities collecting TCSSame quarterly due dates | Retained |
| DECLARATIONS — NO TDS / EXEMPTIONS | ||||||
| Form 15G | Sec 197A(1) | Clause 432(1) | Self-declaration by resident non-senior taxpayer that income does not exceed basic exemption limit — no TDS to be deducted on interest, PF, NSS, dividends etc. | Individual (below 60)HUFTrust | Total income below basic exemption limit (₹2.5 lakh old / ₹4 lakh new regime)E-filing mandatory on Income Tax Portal from FY 2026-27 | Revised |
| Form 15H | Sec 197A(1C) | Clause 432(1C) | Self-declaration by senior citizen (60+) that income does not exceed basic exemption limit — no TDS | Senior Citizen (60+) | Tax on total income is NILE-filing mandatory; new exemption limits apply | Revised |
| Form 13 | Sec 197 | Clause 431 | Application for certificate of lower/nil TDS rate on specific payment | Deductee (Recipient) | Applied to Assessing OfficerValid for the AY specified in certificate | Retained |
| EMPLOYER / EMPLOYEE FORMS | ||||||
| Form 12B | Sec 192(2) | Clause 393(2) | Employee furnishes income from previous employer to current employer for TDS computation | Employee → New Employer | When changing jobs mid-yearIncludes salary, TDS by previous employer | Retained |
| Form 12BA | Sec 17(2) + Rule 3 | Clause 18 + Rules | Statement of perquisites and profits in lieu of salary provided by employer | Employer → Employee | If perquisites value > ₹1.5 lakhAttached with Form 16 Part B | Retained |
| Form 10-IEA | Sec 115BAC | Clause 202 | Declaration to opt out of default new tax regime and choose old tax regime — only for taxpayers with business/professional income | Individual/HUF with Business Income | One-time switch back allowedFile before due date of ITR. Replaces Form 10-IE | New (replaces 10-IE) |
| TAX AUDIT REPORTS | ||||||
| Form 3CA | Sec 44AB | Clause 56 | Audit report where accounts are audited under any other law (Companies Act, Cooperative Societies Act etc.) | Chartered Accountant | Business turnover > ₹1 cr (non-digital) / ₹10 cr (digital ≥95%); Profession receipts > ₹50LDue: 30 Sep (without TP) / 31 Oct (with TP) | Revised |
| Form 3CB | Sec 44AB | Clause 56 | Audit report where accounts are NOT audited under any other law (proprietors, partnerships etc.) | Chartered Accountant | Same limits as 3CAFiled with Form 3CD | Revised |
| Form 3CD | Sec 44AB | Clause 56 | Statement of particulars required to be furnished along with tax audit report (3CA or 3CB). Contains 44 clauses of disclosures | Chartered Accountant | Mandatory with 3CA/3CBVDA, crypto, Pillar Two disclosures added for FY 2026-27 | Revised |
| Form 29B | Sec 115JB | Clause 210 | Report of Chartered Accountant certifying Book Profit for MAT (Minimum Alternate Tax) computation | CA (for Companies) | All companies with MAT applicabilityMAT rate: 15% of book profit | Retained |
| FOREIGN TRANSACTIONS & DTAA | ||||||
| Form 15CA | Sec 195 | Clause 195 Rules | Online declaration filed before making foreign remittance. Part A/B/C/D based on remittance amount and taxability | Remitter (Indian Resident) | All foreign remittances (except specified list of 33 purposes)Filed on IT portal before remittance | Revised |
| Form 15CB | Sec 195(6) | Clause 195 Rules | Certificate from CA about nature of remittance and applicable tax rate. Required for taxable foreign remittances >₹5 lakh | Chartered Accountant | Remittance > ₹5 lakh (single transaction or aggregate)Filed before 15CA Part C | Retained |
| Form 67 | Sec 90 / 91 | Clause 148–150 | Claim foreign tax credit (FTC) for taxes paid abroad against Indian tax liability under DTAA. Digital verification of foreign payment now allowed | Resident with Foreign IncomeNRI | Before or along with ITRMust have proof of tax paid abroad | Revised |
| Form 10F | Sec 90 / 90A | Clause 148 Rules | Supplementary info for DTAA benefit by non-resident if Tax Residency Certificate (TRC) doesn't contain all required details. Mandatory e-filing on IT portal | Non-ResidentForeign Company | When TRC is incompleteE-filing mandatory since 2022; renewed annually | Revised |
| ANNUAL INFORMATION & ADVANCE TAX | ||||||
| Form 26AS / AIS / TIS |
Sec 203AA / 285BB | Clause 285BA (expanded) | Consolidated annual tax statement: TDS, TCS, advance tax, self-assessment, refund, SFT (financial transactions), foreign remittances, GST turnover, VDA income, social media income (new 2025) | All Taxpayers (View) | Real-time on IT portalAIS = enhanced; TIS = simplified; both auto-populate ITR | Revised |
| Challan 280 | Sec 140A / 208 | Clause 386 / 387 | Payment of advance tax, self-assessment tax, and regular assessment tax | All Taxpayers | Advance tax due if estimated tax > ₹10,000Instalments: 15 Jun / 15 Sep / 15 Dec / 15 Mar | Retained |
| APPEALS & DISPUTE RESOLUTION | ||||||
| Form 35 | Sec 246A | Clause 355 | Appeal to Commissioner of Income Tax (Appeals) / NFAC against assessment order, demand notice, penalty order etc. | Taxpayer / Assessee | Within 30 days of service of orderMandatory pre-deposit: 20% of disputed demand (modified in 2025) | Revised |
| Form 36 | Sec 253 | Clause 360 | Appeal to Income Tax Appellate Tribunal (ITAT) against CIT(A) / NFAC orders | Taxpayer / Department | Within 60 days of CIT(A) orderNo pre-deposit required at ITAT level | Retained |
TDS Sections — Old vs New Code, Rate & Threshold
Comprehensive listing of all TDS provisions | FY 2026-27
| Section (1961) | New Clause (2025) | Nature of Payment | TDS Rate | Threshold Limit | Who Deducts | Status |
|---|---|---|---|---|---|---|
| SALARY & EMPLOYMENT | ||||||
| 192 | Clause 393 | Salary (including arrears, bonus, gratuity above exemption) | Applicable Slab Rate | Basic exemption limit₹4 lakh (new regime) / ₹2.5 lakh (old regime) | Employer | Retained |
| 192A | Clause 394 | Premature withdrawal from Employee Provident Fund (EPF) | 10% | ₹50,000No TDS if Form 15G/15H submitted | EPFO / Trustees | Retained |
| SECURITIES, INTEREST & DIVIDENDS | ||||||
| 193 | Clause 395 | Interest on securities (debentures, bonds, govt securities) | 10% | ₹10,000 (listed debentures) ₹5,000 (others)No threshold for govt securities held by non-residents |
Payer / Company | Retained |
| 194 | Clause 396 | Dividend declared/paid by domestic company (listed or unlisted) | 10% | ₹5,000 per shareholder per company per yearNo threshold for non-resident shareholders | Company / Mutual Fund | Retained |
| 194A | Clause 397 | Interest (other than on securities) — bank FD, FD, loans, company deposits | 10% |
₹50,000 (banks/PO — senior citizens 60+) ₹40,000 (banks/PO — others) ₹5,000 (other payers)No TDS if Form 15G/15H submitted |
Banks / NBFCs / Companies | Modified |
| WINNINGS, GAMBLING & GAMES | ||||||
| 194B | Clause 398 | Winnings from lottery, crossword puzzle, card games, and other games of any sort | 30% | ₹10,000 per prizeNo deduction of expenditure allowed | Organiser / Platform | Retained |
| 194BA NEW | Clause 408A | Winnings from online gaming (fantasy sports, rummy, poker, gaming apps) | 30% | No threshold — on net winnings per withdrawal or at year-endPlatform computes net winnings after buy-in deduction | Online Gaming Platform | New |
| 194BB | Clause 399 | Winnings from horse races | 30% | ₹10,000 per race eventAccumulated winnings threshold per year | Race Club / Bookmaker | Retained |
| CONTRACTORS, PROFESSIONALS & COMMISSION | ||||||
| 194C | Clause 400 | Payments to contractors and sub-contractors (work contracts, advertising, transport, catering) |
1% Individual/HUF 2% Others |
₹30,000 (single payment) ₹1,00,000 (aggregate in a year)Transport contractors with PAN: 0% |
Specified Persons / Companies | Retained |
| 194H | Clause 406 | Commission or brokerage (excluding insurance commission) | 5% | ₹15,000 in a financial yearIncludes sub-brokerage, referral fees | Principal / Employer | Retained |
| 194J(a) | Clause 408(a) | Technical services, royalty (other than for software), call centre services | 2% | ₹30,000 in a financial year | Payer (Any Person) | Modified |
| 194J(b) | Clause 408(b) | Professional services (doctors, lawyers, engineers, architects, CAs, CS), director fees, non-compete fees | 10% | ₹30,000 in a financial yearNo threshold for director fees | Payer (Any Person) | Retained |
| 194M | Clause 415B | Payments by individual/HUF to contractors, professionals, or brokerage (not under tax audit) | 5% | ₹50,00,000 in a financial yearIndividual/HUF without tax audit obligation | Individual / HUF | Retained |
| INSURANCE, NSS & LOTTERY COMMISSION | ||||||
| 194D | Clause 401 | Insurance commission (paid to agents for procuring/renewing insurance policies) | 5% | ₹15,000 in a financial year | Insurance Company | Retained |
| 194DA | Clause 402 | Maturity proceeds of life insurance policy (not exempt under Section 10(10D)) | 5% on income component | ₹1,00,000 per year (aggregate)Only on profit portion; principal not taxed | Insurance Company | Retained |
| 194EE | Clause 404 | Deposits under National Savings Scheme (NSS), Public Provident Fund withdrawals post-exemption | 10% | ₹2,500 per paymentNo TDS if Form 15G/H submitted | Post Office / Banks | Retained |
| 194G | Clause 405 | Commission on sale of lottery tickets (paid to agents/distributors) | 5% | ₹15,000 in a financial year | Lottery Organisation | Retained |
| RENT & IMMOVABLE PROPERTY | ||||||
| 194-I(a) | Clause 407(a) | Rent of plant, machinery or equipment | 2% | ₹2,40,000 per yearCombined threshold for 194-I(a) and 194-I(b) | Any Person (not individual/HUF below audit limit) | Retained |
| 194-I(b) | Clause 407(b) | Rent of land, building, furniture or fittings | 10% | ₹2,40,000 per yearIncludes hotel accommodation charges | Any Person (not individual/HUF below audit limit) | Retained |
| 194-IA | Clause 415 (Property) | Transfer of immovable property (sale of land or building, excluding agricultural land) | 1% | ₹50,00,000 (sale consideration or stamp duty value, whichever higher)Filed via Form 26QB within 30 days | Buyer of Property | Retained |
| 194-IB | Clause 407A | Rent paid by individual/HUF not covered under 194-I (personal use premises) | 5% | ₹50,000 per monthTDS only in last month of tenancy/year. Filed via Form 26QC | Individual / HUF Tenant | Retained |
| 194-IC | Clause 407B | Monetary consideration under Joint Development Agreement (JDA) paid to landowner | 10% | No thresholdOn any monetary payment under JDA | Developer / Builder | Retained |
| 194LA | Clause 416 | Compensation on compulsory acquisition of immovable property under any law | 10% | ₹2,50,000 per paymentNo TDS if exempt under Sec 10(37) / Clause 11 | Govt / Authority (Acquirer) | Retained |
| MUTUAL FUNDS, SECURITIES & BUSINESS TRUSTS | ||||||
| 194F | Abolished | Repurchase of units by Mutual Fund / UTI | Abolished | —Removed since FY 2020-21; gains now reported in ITR | Mutual Fund / UTI | Abolished |
| 194K | Clause 409 | Income from units of Mutual Fund, UTI (dividend distributed) | 10% | ₹5,000 per yearOn dividend income distributed by fund | Mutual Fund / AMC | Retained |
| 194LBA | Clause 410 | Certain income distributed by a Business Trust (REIT/InvIT) to unit holders | 10% (resident) 5% (NR — interest component) |
No thresholdOn interest/dividend component from REIT/InvIT | Business Trust (REIT/InvIT) | Retained |
| CASH WITHDRAWAL, GOODS & BENEFITS | ||||||
| 194N | Clause 414 | Cash withdrawal from bank, co-op bank, post office above threshold |
2% (regular filer; >₹1 cr) 2% (non-filer; ₹20L–₹1 cr) 5% (non-filer; >₹1 cr) |
Regular ITR filers: > ₹1,00,00,000 Non-filers (3 yr): > ₹20,00,000 Cumulative cash withdrawals per bank per year |
Banks / Post Office | Retained |
| 194Q | Clause 415A | Purchase of goods from a resident (turnover >₹10 cr buyer) | 0.1% | ₹50,00,000 per seller per yearDoes not apply if TCS under 206C(1H) already collected | Buyer (Turnover >₹10 cr) | Retained |
| 194R | Clause 411 | Benefits or perquisites to business / profession (freebies, gifts, hospitality to doctors, agents, dealers) | 10% | ₹20,000 per person per yearMarket value of benefit; no TDS if recipient pays tax on it | Any Person (providing benefit) | Retained |
| VIRTUAL DIGITAL ASSETS & E-COMMERCE | ||||||
| 194S KEY | Clause 408A (VDA) | Transfer of Virtual Digital Assets (crypto, NFTs, tokens) to a buyer via exchange or P2P | 1% | ₹10,000 per year (general) ₹50,000 (specified person: individual/HUF <audit limit)Exchange deducts on every withdrawal exceeding threshold |
Crypto Exchange / Buyer | Retained |
| 194-O | Clause 415 | Payments by e-commerce operator to e-commerce participant (sellers on Amazon, Flipkart etc.) | 1% | ₹5,00,000 per year (individual/HUF participant)0% for micro/small enterprises in Sec 44AD | E-Commerce Operator | Retained |
| 194-O (new scope) | Clause 415A (Gig) | Payments by app/platform to gig workers (delivery, cab, freelance through aggregators) | 1% | No threshold (on gross payment)Aggregators (Swiggy, Ola, Upwork etc.) deduct at source | Gig Platform / Aggregator | New (2026) |
| PARTNERSHIP FIRMS & PARTNERS | ||||||
| 194T NEW | Clause 412 | Payments by partnership firm to partners — salary, interest, bonus, commission, remuneration | 10% | ₹20,000 per partner per yearEffective from 1 Apr 2026; includes LLPs | Partnership Firm / LLP | New (2026) |
| SPECIAL PROVISIONS — SENIOR CITIZENS | ||||||
| 194P | Clause 413 | Tax deduction for senior citizens (75+) with only pension + interest — no return filing needed | Slab Rates | Age ≥ 75 yearsIncome only from pension from same bank and interest from same bank | Specified Bank (Pension) | Retained |
| PAYMENTS TO NON-RESIDENTS | ||||||
| 194E | Clause 403 | Payments to non-resident sportsmen, entertainers, or sports associations | 20% + surcharge + cess | No thresholdOn any amount of participation fees, advertisement income | Any Payer | Retained |
| 195 | Clause 417 | Any income (other than salary) payable to non-residents / foreign companies | Rates per DTAA / IT Act | No thresholdLower withholding possible via certificate u/s 197 / Clause 431 | Any Person making payment to NR | Retained |
| 194LB | Clause 418 | Interest paid by infra debt fund to non-residents on bonds issued under Section 10(47) | 5% | No threshold | Infrastructure Debt Fund | Retained |
| 194LC | Clause 419 | Interest on foreign currency borrowing / long-term bonds by Indian company from non-residents | 5% | No thresholdCovers Masala Bonds, ECBs, long-term infrastructure bonds | Indian Company (Borrower) | Retained |
| 194LD | Clause 420 | Interest on government securities and rupee-denominated bonds to FPIs and Qualified Foreign Investors | 5% | No thresholdConcessional rate to attract FPI investment | Govt / Company / RBI | Retained |
| 196A | Clause 421 | Income in respect of units of an offshore fund paid to non-residents | 20% | No threshold | Offshore Fund | Retained |
| 196C | Clause 422 | Income from foreign currency bonds or shares of Indian companies (including GDRs) to non-residents | 10% | No threshold | Indian Company | Retained |
| 196D | Clause 423 | Income of Foreign Institutional Investors (FIIs / FPIs) from securities (other than dividend/capital gains) | 20% | No thresholdIncludes interest on securities held by FPIs | Custodian / Company | Retained |
TCS Sections — Old vs New Code, Rate & Threshold
Tax Collected at Source | Section 206C IT Act 1961 | FY 2026-27
| Section (1961) | New Clause (2025) | Nature / Transaction | TCS Rate | Threshold | Collector | Buyer / Payer | Status |
|---|---|---|---|---|---|---|---|
| GOODS — FOREST, MINERALS & SCRAP | |||||||
| 206C(1)(a) | Clause 446(1)(a) | Alcoholic liquor for human consumption | 1% | No threshold | Seller | Buyer | Retained |
| 206C(1)(b) | Clause 446(1)(b) | Tendu leaves | 5% | No threshold | Forest Contractor | Buyer | Retained |
| 206C(1)(c) | Clause 446(1)(c) | Timber obtained under forest lease | 2.5% | No threshold | Forest Contractor | Buyer | Retained |
| 206C(1)(d) | Clause 446(1)(d) | Timber obtained otherwise (other than forest lease) | 2.5% | No threshold | Seller | Buyer | Retained |
| 206C(1)(e) | Clause 446(1)(e) | Any other forest produce (other than timber / tendu leaves) | 2.5% | No threshold | Seller | Buyer | Retained |
| 206C(1)(f) | Clause 446(1)(f) | Scrap (industrial waste or residues) | 1% | No threshold | Seller (Industry) | Buyer | Retained |
| 206C(1)(g) | Clause 446(1)(g) | Minerals — coal, lignite, iron ore | 1% | No threshold | Mining Company | Buyer | Retained |
| CONTRACTS, TOLL & PARKING | |||||||
| 206C(1C)(i) | Clause 446(1C)(i) | Parking lots operated under government licence or contract | 2% | No threshold | Concessionaire | Govt / Authority | Retained |
| 206C(1C)(ii) | Clause 446(1C)(ii) | Toll plaza (national highways, bridges, tunnels) | 2% | No threshold | Toll Operator | Govt / NHAI | Retained |
| 206C(1C)(iii) | Clause 446(1C)(iii) | Mining and quarrying operations (excluding coal, lignite, iron ore under 206C(1)(g)) | 2% | No threshold | Mining Contractor | Govt / Authority | Retained |
| MOTOR VEHICLES | |||||||
| 206C(1F) | Clause 446(1F) | Sale of motor vehicle (car, SUV, luxury vehicle) — per unit | 1% | ₹10,00,000 per vehicleOn sale value; GST excluded for TCS computation | Automobile Dealer | Buyer (Any Person) | Retained |
| LIBERALISED REMITTANCE SCHEME (LRS) & OVERSEAS TRAVEL | |||||||
| 206C(1G)(i) — Education via Loan | Clause 446(1G)(i) | Remittance under LRS for education funded through educational loan from financial institution | 0.5% | ₹7,00,000 per yearBelow ₹7 lakh: NIL | Authorised Dealer (Bank) | Remitter | Modified |
| 206C(1G)(ii) — Education/Medical | Clause 446(1G)(ii) | Remittance under LRS for education (own funds) or medical treatment abroad | 5% | ₹7,00,000 per yearBelow ₹7 lakh: NIL | Authorised Dealer (Bank) | Remitter | Modified |
| 206C(1G)(iii) — Other LRS | Clause 446(1G)(iii) | Remittance under LRS for other purposes (investments, gifts, travel, maintenance of relatives abroad) | 20% | ₹7,00,000 per yearIncreased from 5% to 20% w.e.f. 1 Oct 2023. Below ₹7L: NIL | Authorised Dealer (Bank) | Remitter | Modified |
| 206C(1I) — Overseas Tour | Clause 446(1I) | Sale of overseas tour programme packages (international holiday packages) by a tour operator |
5% (PAN provided; income ≤ ₹7L) 20% (PAN provided; income > ₹7L) 20% (no PAN) |
No thresholdOn full tour package price (not just profit) | Tour Operator | Any Buyer | Modified |
| GOODS SALE — HIGH VALUE TRANSACTIONS | |||||||
| 206C(1H) | Clause 446(1H) | Sale of any goods (not covered by other TCS provisions) by sellers with turnover >₹10 crore | 0.1% | ₹50,00,000 per buyer per yearDoes not apply if buyer deducts TDS u/s 194Q | Seller (Turnover >₹10 cr) | Buyer | Retained |