Index

Section 393 of Income Tax Act, 2025: TDS Rates, Payments Covered, Due Dates

The Income Tax Act 2025 has consolidated TDS deduction for different kinds of transactions into one umbrella section - section 393. Also, the section covers the time of TDS deduction, exemptions, lower tax deductions, etc.

Section 393 is applicable from 01st April, 2026.

What is Section 393 of the Income Tax Act?

  • The provisions related to deduction of tax at source are covered under section 393 of the Income Tax Act, 2025. 
  • Under the old act, the TDS provisions were divided into many sections, each covering a different kind of transaction. The provisions, which could be well fitted into one section, were unnecessarily divided into many. 
  • Also, the insertion of TDS provisions for new sections became difficult, as there would be disruption in the sequence, numbering and the flow of sections of the act. 
  • To ensure comfortable reference and easy insertion of provisions for new transitions, the TDS provisions for all transactions (other than salary) are covered in section 393 of the new Act. 
  • TDS provisions for salary are covered under section 392 of the Income Tax Act, 2025.

Section 393 - Applicability and Scope

Payments covered under Section 393

Section 393 divides the transactions into the following categories:

  • Payment to residents
    • Commission or brokerage
    • Rent
    • Payment on transfer of certain immovable property other than agricultural land
    • Income from the capital market
    • Interest income
    • Payments to contractors, fees for professional and technical services, etc.
    • Dividend
    • Others
  • Payment to non-residents
  • Common provisions related to payments made to any person

The prescribed rates and threshold limits are covered under the TDS rate chart.

Section 393(4) - TDS Exemptions

Despite the threshold limit, TDS does not need to be deducted in the following cases as per the provisions of section 393(4) of the Income Tax Act, 2025.

TDS ProvisionsNil TDS conditions
Commission  or   Brokerage Commission   or    brokerage   payable   by   
1. Bharat Sanchar   Nigam   Limited    or  
2. Mahanagar   Telephone Nigam Limited to their public call office franchisees.
Rent Rent to a REIT, in respect of a real estate asset
Compensation on acquisition of certain immovable property Exempt Income as per section 96 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Income   in    respect   of units of mutual funds.If income is of the nature of capital gain.
Interest   on    securities(a)    Interest payable on—
(i)   National Development Bonds;
(ii)   Debentures notified by the Central Government
(iii)   Any security of the Central Government or a State Government, other than the prescribed bonds.
(b)   interest payable to—
(i)   the   Life    Insurance   Corporation  
(ii)   the General Insurance Corporation of India
(iii)   any  other   insurer
(iv)   a “business trust”, by a  special   purpose  vehicle 
Interest other than inter- est on securities(a)    Interest income credited or paid to—
(i)   any banking company (including co-operative bank); or
(ii)   any financial corporation established under a Central Act or State Act or Provincial Act; or
(iii)   the   Life    Insurance   Corporation   of India    
(iv)   the Unit Trust of India; or
(v)   any company or co-operative society carrying on the business of insurance; or
(vi)   such other prescribed institutions
(b)   interest income credited or paid—
(i)   by  a   co-operative  society  other   than a   co-operative   bank,    to   a   member thereof; or
(ii)   by a co-operative society to any other co-operative society; or
(iii)   in respect of deposits with a primary agricultural credit society or a primary credit  society   or  a  co-operative  land mortgage bank or a co-operative land development bank
Payments to contractors
(i)   for plying, hiring or leasing goods carriages as per presumptive provisions
(ii)   where such sum is credited or paid by individual or HUF for personal purposes.
Fees for professional
or technical services
where such sum is credited or paid by individual or HUF for personal purposes.
DividendDividend income credited or paid to—
(a) the Life Insurance Corporation of India
(b) the General Insurance Corporation of India
(c)any other insurer
Payment of certain
amounts in cash
Payment made to—
(a) the Government;
(b) Banking company
(c)Co-operative bank
(d) White Label ATM
Payment in respect of
deposits under National
Savings Scheme
Payment made to heirs of an assessee.

Section 393(6) - Nil TDS Certificate

The assessee can eliminate TDS deduction by submitting Form 121 to the person responsible for paying money and deducting TDS. He can make an application to the income tax authorities electronically, and should submit the certificate to each payer for nil TDS deduction.

The following category of transactions are eligible for nil TDS deduction for resident individuals.

  1. payment of accumulated PF balance
  2. Insurance Commission
  3. Rent 
  4. Income from units of mutual fund
  5. Interest income
  6. Life insurance policy payment
  7. Dividend

TDS Deposit Due Date

As per the provisions of the new act, there has been no changes to the due dates within which TDS deduction should be remitted to the government. 

Final Word

Section 393 of the new Income Tax Act, 2025 not only covers all non salary payments but also covers the provisions related to lower deduction certificates. Aligning with the provisions of the new act, TDS provisions are simplified and tabulated for seamless reference and compliance.

Frequently Asked Questions

Is Section 393 under the old Act or the new Act?
Does Form 15G/15H still apply under Section 393?
Does Section 393 apply to rent?
Does Section 393 apply to property purchase?

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