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The introduction of the new Income-tax Act, 2025 has brought several structural changes to Indiaโs taxation system. One of the most notable reforms is the consolidation of Tax Deducted at Source (TDS) provisions under a single section โ Section 393.
Earlier, the Income-tax Act, 1961 contained multiple TDS sections such as 194A, 194C, 194H, 194J and many more. This often-made compliance difficult for taxpayers, businesses, accountants and deductors. To simplify the law and improve ease of reference, the government has now grouped most non-salary TDS provisions under one unified section.
๐ What is Section 393?
Section 393 of the Income-tax Act, 2025 deals with deduction of tax at source on various non-salary payments. The section becomes applicable from 1 April 2026 and replaces several scattered TDS provisions that existed under the Income-tax Act, 1961.
The objective behind introducing this section is to:
โข simplify tax compliance,
โข create a uniform structure for TDS deductions,
โข improve readability of the law,
โข and allow easier addition of future TDS provisions without disturbing the sequence of sections.
The government has retained salary-related TDS provisions separately under Section 392, while Section 393 mainly governs non-salary transactions.
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Applicability of Section 393
Section 393 applies to transactions carried out on or after 1 April 2026. Any transaction completed before this date will continue to be governed by the provisions of the Income-tax Act, 1961.
The section broadly covers:
Payments made to residents
Payments made to non-residents
Certain common payments applicable to all taxpayers
This structure makes the law more organised and easier to interpret compared to the earlier framework.
๐งพ Payments Covered Under Section 393
The section includes TDS provisions on a wide range of transactions. Some major categories are:
๐ผ 1. Commission or Brokerage
TDS is applicable on commission and brokerage payments subject to prescribed limits and conditions.
๐ 2. Rent Payments
Rental income paid for land, building, machinery or equipment falls within the scope of Section 393.
๐ข 3. Transfer of Immovable Property
TDS provisions relating to purchase or transfer of certain immovable properties are also covered.
๐ฐ 4. Interest Income
Interest on securities, bank deposits and other specified interest payments attract TDS under this section.
๐จโ๐ผ 5. Contractor and Professional Payments
Payments made to contractors, professionals and technical consultants are included under the consolidated TDS framework.
๐ 6. Dividend Income
Dividend payments distributed by companies may require deduction of tax at source.
๐ 7. Capital Market and Other Transactions
Income relating to mutual funds, securities and certain financial transactions are also included.
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Major Advantages of the New TDS Framework
โ๏ธ Simplified Structure
Instead of remembering numerous TDS sections separately, taxpayers can now refer to a single umbrella provision.
โ๏ธ Better Compliance
A consolidated system reduces confusion and minimises the risk of errors while deducting or depositing TDS.
โ๏ธ Easier Future Amendments
The government can introduce new TDS categories without disturbing the numbering structure of the law.
โ๏ธ Improved Accessibility
Professionals, businesses and taxpayers can understand TDS provisions more efficiently due to the tabular and organised format.
๐ซ Important Exemptions Under Section 393
Although TDS generally applies once specified thresholds are crossed, the law also provides certain exemptions where tax deduction is not required.
Some important exemptions include:
โข commission paid by telecom companies such as BSNL and MTNL to public call office franchisees,
โข rent paid to specified REITs,
โข exempt compensation received on compulsory acquisition of land,
โข certain interest payments to banks, insurance companies and co-operative societies,
โข specific contractor payments for personal purposes,
โข dividend payments to specified insurance entities.
These exemptions help reduce unnecessary compliance burden in eligible cases.
๐ Nil or Lower TDS Deduction Facility
Section 393 also allows taxpayers to apply for deduction of tax at a lower rate or for nil deduction in eligible situations.
Under the new framework, taxpayers may submit the prescribed application electronically and obtain a certificate for lower or nil deduction of TDS. This benefit may apply to certain incomes such as:
โข interest income,
โข rent,
โข dividend income,
โข insurance commission,
โข mutual fund income,
โข life insurance policy proceeds,
โข accumulated provident fund balance.
โฐ TDS Deduction Timing
The general rule under Section 393 states that TDS should be deducted at the earlier of:
โข the time of credit of income to the payeeโs account, or
โข the time of actual payment.
This principle continues from the earlier tax regime and remains an important compliance requirement for deductors.
๐ Transition from the Old Act to the New Act
Several existing TDS sections under the Income-tax Act, 1961 are now mapped into Section 393. For example:
Earlier Provision (1961 Act) New Provision (2025 Act)
Section 194A โ Interest Section 393
Section 194C โ Contractors Section 393
Section 194H โ Commission Section 393
Section 194I โ Rent Section 393
Section 194J โ Professional Fees Section 393
This restructuring mainly changes the organisation of the law rather than the core TDS concept itself.
๐ TDS Rates and Threshold Limits Under Section 393
Nature of Payment TDS Rate Threshold Limit
Insurance Commission Rates in force โน20,000
Commission or Brokerage 2% โน20,000
Rent โ Machinery/Plant/Equipment 2% โน50,000 per month
Rent โ Land/Building/Furniture 10% โน50,000 per month
Transfer of Immovable Property 1% / 10% โน50 lakh or specified limits
Income from Mutual Funds / Business Trust 10% โน10,000
Interest on Securities Rates in force โน10,000 onwards
Interest other than Securities Rates in force โน10,000 to โน1,00,000
Payments to Contractors 1% / 2% โน30,000 single payment or โน1,00,000 aggregate
Professional or Technical Fees 10% โน50,000
Dividend Income 10% No basic threshold in certain cases
Purchase of Goods 0.1% โน50 lakh
E-commerce Transactions 1% As prescribed
Virtual Digital Assets (Crypto etc.) 1% As prescribed
Lottery / Crossword Winnings Rates in force โน10,000 per transaction
Online Gaming Winnings Rates in force As prescribed
Horse Race Winnings Rates in force โน10,000 per transaction
Lottery Commission 2% โน20,000
Cash Withdrawals 2% โน1 crore / โน3 crore (as applicable)
Payments to Partners (Salary, Interest, Bonus etc.) 10% โน20,000
Note: โRates in forceโ means the applicable rate prescribed under the Finance Act for the relevant financial year. Threshold limits and rates may also vary depending on PAN availability, residential status and specific conditions mentioned under the Act.
โ ๏ธ Important Compliance Point
Under Section 393, TDS must generally be deducted at the earlier of:
โข credit of income to the payeeโs account, or
โข actual payment.
This rule continues from the earlier TDS framework and remains one of the most important compliance requirements for deductors.
๐ Conclusion
Income-tax Act, 2025 aims to make tax laws more structured, concise and user-friendly. Section 393 is a major step in that direction as it combines multiple non-salary TDS provisions into one comprehensive framework.
For businesses, finance professionals and taxpayers, this consolidation is expected to improve compliance efficiency and reduce confusion arising from multiple TDS sections. Although the fundamental principles of TDS remain largely unchanged, the new presentation and simplified structure may significantly enhance ease of understanding and implementation from FY 2026-27 onwards.