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Chartered Accountant reviewing TDS compliance documents and rate charts under the Income Tax Act 2025

TDS (Tax Deducted at Source): FY 2026-27

Aligned to the Income Tax Act 2025 and the Income Tax Rules 2026.

TDS (Tax Deducted at Source): FY 2026-27

The Income Tax Act 2025 has been in force since 1 April 2026, replacing the 1961 Act that governed Indian taxation for over six decades. For every deductor, every finance team, and every taxpayer, the structural changes are already in effect: Chapter XIX, Sub-part B (the practitioner shorthand "Chapter XIX-B") now consolidates the entire TDS / TCS code into Sections 390-402, Section 393 has replaced the old 194-series, forms have been renumbered under the Income Tax Rules 2026, and TRACES 2.0 has converged the legacy portals. This guide walks through every rate, threshold, form, and due date for FY 2026-27 — with the old-Act citation kept in brackets so the transition window remains navigable.


What is TDS

What is TDS (Tax Deducted at Source)?

The plain-English definition

If your firm pays a chartered accountant ₹50,000 in professional fees and the prescribed deduction rate is 10%, you do not write a cheque for ₹50,000. You write a cheque for ₹45,000, deposit ₹5,000 with the Government as TDS, and issue the CA a certificate proving the ₹5,000 was deposited in their name. When that CA files their own income-tax return, the ₹5,000 already sits in their Form 168 (the Annual Information Statement under the new Income Tax Act 2025) as pre-paid tax — they get credit for it against their final tax liability.

How TDS works — a ₹50,000 professional-fee example

  1. 1
    Firm owes CA ₹50,000

    A statutory duty to deduct 10% under Section 393(1) Sl. 6(iii)(b) [old Section 194J] is triggered.

  2. 2
    Firm deducts ₹5,000

    The gross ₹50,000 is split into ₹45,000 net (payable to the CA) and ₹5,000 TDS (payable to the Government).

  3. 3
    Firm deposits ₹5,000 via Challan 281

    Deposit by the 7th of the next month on the e-Filing portal. The deductor's TAN and the CA's PAN are recorded against the challan.

  4. 4
    CA gets Form 131 + Form 168 credit

    The ₹5,000 appears as pre-paid tax in the CA's Form 168 (Section 510 [old Section 285BB]). At ITR time, the CA claims it against the final liability.

Chapter XIX, Sub-part B of the Income Tax Act 2025 — titled "Deduction and Collection at Source" (referred to colloquially as "Chapter XIX-B") — runs from Section 390 to Section 402 and consolidates the entire pre-2025 framework that previously sprawled across Sections 192 to 206CB of the Income Tax Act 1961. The master deducting provision for non-salary payments to residents and non-residents is Section 393 [old Sections 193, 194–194T, 195–196D, 197A], salary withholding sits in Section 392 [old Sections 192, 192A], collection at source (TCS) is Section 394 [old Section 206C], and procedural compliance — TAN, no-PAN higher rate, return filing, foreign-remittance reporting — is in Section 397 [old Sections 203A, 200, 206AA, 206CC, 195(6)].

Why "at source" matters

The design addresses three problems at once. The first is cash flow for the Government: instead of waiting for 14 crore taxpayers to compute and pay their own tax in March, the State collects it month-by-month from the few lakh deductors who run the payment systems. The second is leakage protection: by the time income reaches the recipient, a portion is already in the Treasury, so the default rate on the recipient's share is reduced. The third is the audit trail: every deducted rupee creates a Form 168 record under Section 510 [old Section 285BB], which means the recipient cannot easily under-report it on their return.


Parties

Who's involved — Deductor, Deductee, and the Government

TDS is a three-party transaction. Understanding which hat you're wearing in any given payment is the first step to compliance.

The Deductor

The Deductor is the person making the payment with a statutory duty to withhold. Under the Act 2025 framework, every business (proprietorship subject to audit under Section 63 [old Section 44AB], partnership firm, LLP, company, AOP, BOI, AJP, trust, society, government office, statutory corporation, and — for certain payments — even individuals and HUFs not subject to audit) can become a deductor the moment a triggering payment is made.

The Deductee

The Deductee is the recipient of the payment — the salaried employee, the contractor, the landlord, the partner, the non-resident remittee. The deductee has a corresponding statutory entitlement: a TDS certificate from the deductor (Form 130 for salary, Form 131 for non-salary payments under the renumbered Rules 2026 framework — formerly Forms 16 and 16A) and credit for the deducted amount under Section 396 [old Section 198] read with Rule 203 of the Income Tax Rules 2026 (the successor to old Rule 37BA — credit for tax deducted or collected at source).

The Government as collector and credit-allocator

The Government, acting through the Central Board of Direct Taxes (CBDT) and the field directorate, is both collector and credit-allocator. The deposited TDS lands in the Centre's account against the deductee's PAN; the Income-tax Department then pre-populates the deductee's Form 168 (Annual Information Statement under Section 510 [old Section 285BB]), which the deductee uses to claim credit on their own return. The credit-allocation engine sits at TRACES (transitioning to TRACES 2.0 — see Section 14).

Deductor responsibilities checklist
#ResponsibilityGoverning provision (Act 2025)Old (1961)
1Apply for and hold a valid TANSection 397(1)203A
2Identify each payment that triggers a deductionSections 392, 393, 394192–206C
3Deduct at the time of credit or payment, whichever is earlierSection 393 (operative clause)194x series
4Deposit the deducted amount within statutory timeSection 397(3) read with Rules 2026200 + Rule 30
5File the quarterly return on or before the due dateSection 397(3)(b) read with Rules 2026200(3) + Rule 31A
6Issue the TDS certificate to each deducteeSection 395(4) read with Rules 2026203 + Rule 31
7Apply the higher rate when PAN is not furnishedSection 397(2)206AA / 206CC
8Report foreign remittances in Form 145 (CA certificate in Form 146)Section 397(3)(d)195(6) + Rule 37BB

Act 2025

The Income Tax Act 2025 — what changed and what didn't

Effective date, scope, transitional rules

The Income Tax Act 2025 received Presidential assent in 2025 and came into force on 1 April 2026. Since that date, all assessments, deductions, collections, and procedures are governed by the new Act and the corresponding Income Tax Rules 2026 (notified by CBDT vide Notification No. 22/2026, G.S.R. 198(E) dated 20 March 2026, with effect from 1 April 2026). The old Income Tax Act 1961 stands repealed by Section 536(1) [old Section 297] of the Act 2025 — the repeal-and-savings clause — with savings preserving open assessments, pending appeals, accrued rights, and existing TANs / PANs / TRACES logins.

The structural shift is significant. The 1961 Act ran across more than 800 sections accumulated over six decades of amendments; the 2025 Act consolidates the same body of law into 23 chapters, 536 sections, and 16 schedules, abolishes the previous-year / assessment-year distinction in favour of a single Tax Year, and consolidates the entire TDS / TCS code into a single chapter — Chapter XIX (Sub-part B), Sections 390-402.

Old-Act → new-Act section mapping (TDS-relevant)

For TDS practitioners, the key insight is that the structure has moved — the substance (rates, thresholds, machinery) is largely preserved, with rate-chart entries now appearing as serial-numbered items inside Sections 393 (TDS) and 394 (TCS) rather than as standalone Sections 194A, 194B, 194C, etc.

Income Tax Act 1961 → Income Tax Act 2025 mapping (TDS / TCS relevant sections)
Old (1961)HeadingNew (2025)Heading
87ARebate156Rebate for resident individual
90 / 90ADTAA — agreements159Agreement with foreign countries / specified territories
91No agreement160Countries with which no agreement exists
115BACNew tax regime202Tax on income of individuals etc. (default new regime)
139A / 139AAPAN & Aadhaar262Permanent Account Number
190 / 199 / 206C (umbrella)Deduction / collection generally390Deduction or collection at source and advance payment
191Direct payment391Direct payment
192, 192ASalary TDS, EPF392Salary and accumulated balance due to an employee
193Interest on securities393(1) Sl. 5(i)Tax to be deducted at source
194Dividends393(1) Sl. 7Tax to be deducted at source
194AInterest other than securities393(1) Sl. 5(ii) and 5(iii)Tax to be deducted at source
194B / 194BA / 194BBLottery / online gaming / horse race393(3) Sl. 1, 2, 3Tax to be deducted at source
194CContractor / sub-contractor393(1) Sl. 6(i)(a) [Indl/HUF — 1%] / 6(i)(b) [other — 2%]Tax to be deducted at source
194D / 194DAInsurance commission / maturity393(1) Sl. 1(i), Sl. 8(i)Tax to be deducted at source
194E / 194EE / 194GNR sportspersons / NSS deposits / lottery commission393(2) Sl. 1; 393(3) Sl. 6; 393(3) Sl. 4Tax to be deducted at source
194HCommission and brokerage393(1) Sl. 1(ii)Tax to be deducted at source
194-IBRent by individual / HUF (non-audit)393(1) Sl. 2(i)Tax to be deducted at source
194-IRent (plant, machinery, land, building) by business393(1) Sl. 2(ii)(a) [plant/machinery — 2%] / 2(ii)(b) [land/building/furniture — 10%]Tax to be deducted at source
194-IATransfer of immovable property (≥ ₹50L)393(1) Sl. 3(i)Tax to be deducted at source
194-ICMonetary consideration under JDA393(1) Sl. 3(ii)Tax to be deducted at source
194JProfessional / technical fees393(1) Sl. 6(iii) — (a) 2% technical / cinematograph royalty / call-centre, (b) 10% professionalTax to be deducted at source
194KMutual fund income393(1) Sl. 4(i)Tax to be deducted at source
194LA / 194LB / 194LBA / 194LBB / 194LBC / 194LCLand acquisition / infra debt / business trust / sec'n trust / NR borrowings393(1) Sl. 3(iii); 393(2) Sl. 5; 393(2) Sl. 6–7; 393(2) Sl. 8; 393(2) Sl. 9; 393(2) Sl. 2–4Tax to be deducted at source
194MIndividual / HUF non-audit payments (contract / commission / professional)393(1) Sl. 6(ii)Tax to be deducted at source
194NCash withdrawal393(3) Sl. 5(a) [co-op society — ₹3 cr] / 5(b) [other — ₹1 cr]Tax to be deducted at source
194-OE-commerce operator393(1) Sl. 8(v)Tax to be deducted at source
194PSpecified senior citizen 75+ (bank computes tax)393(1) Sl. 8(iii); return-filing exemption at Section 263(8)(b)Tax to be deducted at source
194QPurchase of goods393(1) Sl. 8(ii)Tax to be deducted at source
194RBenefits / perquisites in business393(1) Sl. 8(iv)Tax to be deducted at source
194SVirtual digital assets393(1) Sl. 8(vi)Tax to be deducted at source
194TPartner remuneration393(3) Sl. 7Tax to be deducted at source
195, 196A–DNon-resident payments — main TDS heads393(2) Sl. 1–17Tax to be deducted at source
195AGrossing-up where tax is borne by payer393(10)Mechanism, not a serial-row
197A (general)Self-declaration for nil deduction (15G/15H)393(6) + 393(7) upload (monthly in FY 2026-27; quarterly w.e.f. 1 April 2027 per FA 2026)Carve-out + Form 121 upload regime
197A(1D)OBU interest carve-out393(8)Offshore Banking Unit interest exempt from deduction
197A(1E)NPS Trust carve-out393(9)NPS Trust receipts exempt from deduction
[suspense-account fiction]Deeming credit when amount in suspense393(11)Suspense-account credit deemed to be credit to payee
206C (all clauses)TCS394(1) Sl. 1–9Collection of tax at source
197Lower-deduction certificate395Certificates
198TDS is income received396Tax deducted is income received
203A, 200, 206AA, 206CC, 195(6)TAN / deposit / quarterly return / no-PAN higher rate / foreign-remittance reporting (procedural framework)397Compliance and reporting
194-IA, 194-IB, 194M, 194SProperty / individual rent / non-audit contract-professional / VDA — substantively (TDS rate, threshold, charge) under Section 393(1) Sl. 3(i), 2(i), 6(ii), 8(vi); deposit and challan-cum-statement procedure (Form 141) under Section 397(3)(e)393 + 397Substantive charge in Section 393; procedural Form 141 deposit-cum-statement under Section 397
201 (whole) + 206C(7)Failure-to-deduct interest and assessee-in-default398Consequences of failure to deduct or pay
200A, 206CBProcessing of TDS / TCS statement399Processing
205Bar against direct demand on assessee401Bar against direct demand on assessee
234ELate-return fee (₹200/day)427Fee for default in furnishing statements
271C / 271CAPenalty for non-deduction / non-collection448 / 449Penalty for failure to deduct / collect tax at source
271HPenalty for non-filing of return461Penalty for failure to furnish statements
276B / 276BBProsecution for non-deposit476 / 477Failure to pay tax to credit / TCS
285BBAnnual Information Statement510Annual information statement
295Power to make rules533Power to make rules
297Repeal and savings536Repeal and savings

TDS vs TCS

TDS vs TCS vs Advance Tax vs Income Tax — clearing the confusion

Four levies look similar to the layperson; they are distinct in law and operation. The differences matter when you get a notice, when you reconcile your Form 168, and when you negotiate with a vendor about who deducts what.

TDS vs TCS

TDS (Tax Deducted at Source, Section 392 / 393 [old Sections 192 / 193-197A]) is withheld by the payer out of an outgoing payment. TCS (Tax Collected at Source, Section 394 [old Section 206C]) is added by the seller to an incoming payment. A buyer pays ₹100 + 1% TCS = ₹101 to the seller; the seller deposits ₹1 with the Government against the buyer's PAN. TCS principally applies to motor vehicles and notified luxury goods above ₹10 lakh, scrap, alcohol for human consumption, foreign-tour packages, and remittances under the Liberalised Remittance Scheme. One important carve-out: under Section 394(2) read with Rule 212 of the Income-tax Rules 2026 (the successor to old Rule 37C), a buyer who furnishes a declaration in Form 127 (the successor to old Form 27C) that the goods will be used for manufacturing, processing, or producing articles or things, or for generating power is fully exempt from TCS on Section 394(1) Sl. 1-5 receipts (alcohol, tendu leaves, timber, scrap, minerals). This is a paper-driven exemption — the seller relies on the Form 127 in the buyer's hands, files it with the Principal Chief Commissioner, and stops collecting TCS on that buyer.

TDS vs Advance Tax

Advance Tax (Section 403 [old Section 207]) is paid by the assessee directly in four instalments (15 June, 15 September, 15 December, 15 March) when their non-TDS-covered tax liability for the tax year is expected to exceed ₹10,000. TDS is paid for the assessee by a third party. The two are pre-paid taxes; both reduce the final liability on the ITR.

TDS vs Income Tax

Income Tax is the final liability computed at year-end on total income. TDS is one of several methods of pre-payment (others: Advance Tax, Self-Assessment Tax). On the return, the assessee aggregates total tax liability, subtracts TDS + Advance Tax + Self-Assessment Tax + foreign-tax credit, and the residual is either a payable or a refundable.

TDS vs TCS vs Advance Tax vs Income Tax comparison
AspectTDSTCSAdvance TaxIncome Tax (final)
Who paysDeductor (payer)Collector (seller)AssesseeAssessee
WhenAt credit / paymentAt sale / receipt4 instalments in the FYAt return filing
Governing chapter (Act 2025)XIX-B (Sections 392, 393)XIX-B (Section 394)XIX-C (Sections 403–410)All chapters
Rate basisStatute schedule per Sl. No. of Section 393Statute schedule per Sl. No. of Section 394Estimated total liabilityActual slab on total income
Pre-payment?Yes — credited via Form 168Yes — credited via Form 168Yes — credited via challan recordNo (it is the final tax)
Refundable if excess?Yes, after ITR processingYes, after ITR processingYes, after ITR processingNot applicable (residual)
All four are governed by the Income Tax Act 2025 with effect from 1 April 2026.

Rate Chart

The complete TDS rate chart for FY 2026-27

How to read the rate chart

Three columns matter most. Rate is the standard percentage applied to the gross payment when the deductee has a valid PAN. No-PAN rate is the higher rate triggered by Section 397(2) [old Section 206AA] when PAN is not furnished or is inoperative — typically 20%, sometimes the rate itself if higher. Threshold is the de minimis below which no deduction is required; once the threshold is crossed in the tax year, the deduction generally applies to the entire payment (not only the excess), unless the section text says otherwise.

The new-Act citation column shows the Section 393 / 394 serial number under which the entry now lives. The serial number reads as Section 393(sub-section), Sl. number(letter-sub-clause) — for example 393(1), Sl. 6(iii)(b) is sub-section (1), serial 6, clause (iii), sub-clause (b). The Income-tax Act 2025 uses lower-case roman numerals for clauses inside a serial entry and lower-case letters for sub-clauses inside a clause.

A note on the (a) / (b) shorthand at Sl. 6(iii) — Professional and Technical Fees. For ease of cross-referencing with the rate column, this guide adopts a rate-pivot shorthand at Sl. 6(iii) that may differ from the bare statutory sub-letter sequence: "(a)" denotes the 2% rate sub-bucket (technical services + cinematograph royalty + call-centre operations); "(b)" denotes the 10% rate sub-bucket (professional fees + director remuneration + sums referred to in Section 26(2)(h)). The Income-tax Act 2025's bare statutory sub-letters at Sl. 6(iii) follow a different ordering — when responding to a notice or assessment that cites a specific statutory sub-letter, fall back to the bare-Act sub-letter sequence rather than the rate-pivot shorthand used in this guide.

Table C — Resident TDS rate chart, FY 2026-27
CodeOld SectionNature of paymentNew citation (Act 2025)RateNo-PANThreshold (₹)
1004192APremature EPF withdrawal — accumulated balance due to an employee392(7)10%20%50,000
1005194DCommission or brokerage on insurance business393(1) Sl. 1(i)2% (non-company) / 10% (domestic company)20%20,000
1006194HCommission or brokerage other than insurance393(1) Sl. 1(ii)2%20%20,000
1008194-I(a)Rent on plant, machinery or equipment — specified person393(1) Sl. 2(ii)(a)2%20%50,000 / month
1009194-I(b)Rent other than on plant or machinery — specified person393(1) Sl. 2(ii)(b)10%20%50,000 / month
1011194-ICConsideration (not in kind) under specified joint development agreement393(1) Sl. 3(ii)10%20%
Form 141194-IAConsideration on acquisition of certain immovable property393(1) Sl. 3(i)1%20%50,00,000
1012194LACompensation on compulsory acquisition of immovable property (other than agricultural land)393(1) Sl. 3(iii)10%20%5,00,000
1013194KIncome to a resident from units of a specified Mutual Fund / undertaking / company393(1) Sl. 4(i)10%20%10,000
1014194LBAInterest income from a business trust to a resident unit-holder393(1) Sl. 4(ii)10%20%
1015194LBADividend income from a business trust to a resident unit-holder393(1) Sl. 4(ii)10%20%
1017194LBBIncome (non-exempt) on units of an investment fund [Sec. 224]393(1) Sl. 4(iii)10%20%
1018194LBCIncome from investment in a securitisation trust [Sec. 221] paid to investor393(1) Sl. 4(iv)10%20%
1019193Interest on securities393(1) Sl. 5(i)10%20%10,000
1020194AInterest other than on securities — payee is a senior citizen393(1) Sl. 5(ii)(a)10%20%1,00,000
1021194AInterest other than on securities — payee is not a senior citizen393(1) Sl. 5(ii)(b)10%20%50,000
1022194AInterest other than on securities — all other payees / payers393(1) Sl. 5(iii)10%20%10,000
1023194CWork contract (incl. supply of labour) — contractor is individual / HUF393(1) Sl. 6(i)(a)1%20%30,000 single / 1,00,000 aggregate
1024194CWork contract (incl. supply of labour) — contractor is other than individual / HUF393(1) Sl. 6(i)(b)2%20%30,000 / 1,00,000
1026194J(a)Fees for technical services / cinematograph-film royalty / call-centre operations393(1) Sl. 6(iii)(a)2%20%50,000
1027194J(b)Fees for professional services or sums referred to in Section 26(2)(h)393(1) Sl. 6(iii)(b)10%20%50,000
1028194J(b)Remuneration / fees / commission to a director (other than salary under Section 392)393(1) Sl. 6(iii)(b)10%20%Nil
1029194Dividends (incl. preference shares) paid to a resident393(1) Sl. 710%20%Nil (statutory); ₹10,000 carve-out under Section 393(4) Sl. 10(f) — non-cash mode to individual shareholder only
1030194DASum under a life insurance policy (incl. bonus) not exempt under Schedule II [Sl. 2]393(1) Sl. 8(i)2%20%1,00,000
1031194QPurchase of goods from a single supplier393(1) Sl. 8(ii)0.1%5%50,00,000
1032194PTotal income of specified senior citizen (75+) — bank computes & discharges; filing exemption at Section 263(8)(b)393(1) Sl. 8(iii)Slab20%As applicable
1033194RBenefit or perquisite arising from business / exercise of profession (resident)393(1) Sl. 8(iv)10%20%20,000
1034194RBenefit / perquisite in kind, or cash insufficient — tax paid before benefit released393(1) Sl. 8(iv) Note 610%20%20,000
1035194-OSale of goods or services by an e-commerce participant through an operator's platform393(1) Sl. 8(v)0.1%5%5,00,000 (Individual / HUF)
1037194SConsideration for transfer of a virtual digital asset — payer other than individual / HUF393(1) Sl. 8(vi)1%20%10,000
1038194S(2)Consideration for transfer of a VDA in kind / cash insufficient393(1) Sl. 8(vi) Note 61%20%10,000
1058194BWinnings from any lottery / crossword / card game / gambling / betting (other than online games)393(3) Sl. 130%30%10,000 / single transaction
1059194BWinnings as above — in kind, or cash insufficient, tax paid before release393(3) Sl. 1 Note 230%30%10,000 / single transaction
1060194BAWinnings from an online game393(3) Sl. 230%30%
1061194BAOnline-game winnings in kind / insufficient cash — tax paid before release393(3) Sl. 2 Note 230%30%Net winnings (Note 1)
1062194BBWinnings from any horse race393(3) Sl. 330%30%10,000 / single transaction
1063194GCommission / remuneration / prize on stocking, distributing, selling lottery tickets393(3) Sl. 42%20%20,000
1064194NCash withdrawal — payee is a co-operative society393(3) Sl. 5(a)2%20%3,00,00,000
1065194NCash withdrawal — payee is other than a co-operative society393(3) Sl. 5(b)2%20%1,00,00,000
1066194EEAmount under Section 80CCA(2)(a) of the 1961 Act (NSS deposit withdrawal)393(3) Sl. 610%20%2,500
1067194TPartner remuneration — salary, commission, bonus or interest paid by firm to partner (incl. capital-account credit)393(3) Sl. 710%20%20,000
Form 141194-IBRent paid by individual / HUF not liable to tax audit (residential / commercial)393(1) Sl. 2(i)2%20%50,000 / month
Form 141194MPayments by individual / HUF (not under tax audit) to resident contractor / professional / commission agent — aggregate above threshold393(1) Sl. 6(ii)2%20%50,00,000 / year
Form 141194SConsideration for transfer of a VDA — payer is a specified Ind / HUF (below tax-audit turnover)393(1) Sl. 8(vi)1%20%50,000
192Salary392Slab rate (new-regime default per Section 202)Basic exemption
Source: Sections 392-394 of the Income-tax Act 2025 read with the Income-tax Rules 2026 (G.S.R. 198(E) of 20 March 2026, as corrected by G.S.R. 286(E) of 16 April 2026). 'Form 141' in the Code column denotes deductions reportable on the unified Form 141 challan-cum-statement (in lieu of a TRACES Payment Code), under Rule 218(3). Director-remuneration row 1028: nil threshold — TDS triggers from the first rupee. Surcharge and cess not included — see detail sections below.
Table D — Non-resident TDS rate chart, FY 2026-27 (Section 393(2) and other NR-applicable rows)
CodeOld SectionNature of paymentNew citation (Act 2025)RateNo-PAN
1004192APremature EPF withdrawal (NR / RNOR employee)392(7)10%20%
1039194EIncome referred to in Section 211 — NR sportsperson / entertainer / sports association393(2) Sl. 120%20%
1040194LCInterest on FCY borrowings or long-term infra bonds (issued 1 Jul 2012 – 30 Jun 2023)393(2) Sl. 25%20%
1041194LCInterest on rupee-denominated bonds issued from outside India (before 1 Jul 2023)393(2) Sl. 35%20%
1042194LCInterest on long-term / RDB listed only at IFSC (issued 1 Apr 2020 – 30 Jun 2023)393(2) Sl. 4(a)4%20%
1043194LCAs above — issued on or after 1 July 2023393(2) Sl. 4(b)9%20%
1044194LBInterest from an Infrastructure Debt Fund payable to a non-resident393(2) Sl. 55%20%
1045194LBA(a)Distributed income from a business trust — Schedule V [Sl. 3(a)] (interest)393(2) Sl. 6(a)5%20%
1046194LBA(b)Distributed income from a business trust — Schedule V [Sl. 3(b)] (dividend)393(2) Sl. 6(b)10%20%
1047194LBADistributed income from a business trust — Schedule V [Sl. 4] (rental pass-through)393(2) Sl. 735% (NR foreign co.) / 30% (NR non-co.)20%
1048194LBBIncome (non-exempt) on units of an investment fund [Section 224]393(2) Sl. 810% (Res cross-ref Section 393(1) Sl. 4(iii)) / 35% (NR foreign co.) / 30% (NR non-co.)20%
1049194LBCIncome from investment in a securitisation trust [Section 221]393(2) Sl. 910% (Res cross-ref Section 393(1) Sl. 4(iv)) / 35% (NR foreign co.) / 30% (NR non-co.)20%
1050196AIncome from MF units under Schedule VII [Sl. 20 or 21], or from a specified company393(2) Sl. 1020% or DTAA, whichever is lower20%
1051196BIncome on units referred to in Section 208 (offshore-fund units)393(2) Sl. 1110%20%
1052196BLTCG on transfer of units referred to in Section 208393(2) Sl. 1212.5%20%
1053196CInterest / dividends on bonds or GDRs referred to in Section 209393(2) Sl. 1310%20%
1054196CLTCG on transfer of bonds / GDRs referred to in Section 209393(2) Sl. 1412.5%20%
1055196DIncome of FPI / FII on securities referred to in Section 210(1) [Sl. 1] — general rate393(2) Sl. 1520% or DTAA20%
1056196DIncome of specified fund in IFSC — concessional rate (corresponds to old Section 196D(1A))393(2) Sl. 1610%20%
1057195Any interest or sum chargeable under the Act (not covered at Sl. 2-16), not 'Salaries'393(2) Sl. 17Rates in force (FA 2026 First Schedule Part II, subject to DTAA)20%
1058194BWinnings from any lottery / crossword / card game / gambling / betting (other than online)393(3) Sl. 130%30%
1060194BAWinnings from an online game (NR payee)393(3) Sl. 230%30%
1062194BBWinnings from any horse race (NR payee)393(3) Sl. 330%30%
1063194GCommission / remuneration / prize on stocking, distributing, selling lottery tickets (NR payee)393(3) Sl. 42%20%
1064194NCash withdrawal — NR co-operative society payee393(3) Sl. 5(a)2%20%
1065194NCash withdrawal — NR other than co-op society393(3) Sl. 5(b)2%20%
"Rates in force" for Sl. 17 corresponds to the Finance Act 2026 First Schedule, Part II — typically 30% for NR individuals (slab if higher applies) and 35% for foreign companies, plus surcharge per Part II and 4% Health & Education cess. The 35% / 30% bifurcation in Sl. 7, 8 and 9 follows the same First Schedule. Surcharge applies on top of these basic rates.

"Rates in force" for Sl. 17 corresponds to the Finance Act 2026 First Schedule, Part II — typically 30% for NR individuals (slab if higher applies) and 35% for foreign companies, plus surcharge per Part II and 4% cess. The same First Schedule supplies the 35% (foreign company) / 30% (NR non-corporate) bifurcation that appears at Sl. 6 (rental pass-through), Sl. 8 (investment fund) and Sl. 9 (securitisation trust) of Section 393(2) — the chart's "Rates in force" descriptor at those serials should be read as the First Schedule rates. Section 196 (Government / RBI / approved MFs / Schedule VII statutory bodies — for Mutual Funds, the relevant entries are at Schedule VII Sl. 20 and Sl. 21) is now Section 393(5) — a self-executing no-deduction rule, not a row in the Section 393(2) table. Section 195A grossing-up is now Section 393(10), again a mechanism, not a Sl. row. Three further sub-sections of Section 393 carry forward old Section 197A carve-outs: Section 393(8) is the successor to old Section 197A(1D) (interest payable to an Offshore Banking Unit — exempt from deduction); Section 393(9) is the successor to old Section 197A(1E) (income receivable by the NPS Trust — exempt from deduction); and Section 393(11) is the suspense-account deeming fiction (where an amount payable on which tax is deductible is credited to a "suspense account" or any account by whatever name called, the credit is deemed to be credit of such income to the account of the payee — preventing avoidance through accounting nomenclature). Treaty relief always runs through Section 159 [old Sections 90 / 90A]: apply the more-beneficial of statute vs DTAA only after collecting TRC + Form 41 (the Rules-2026 successor to old Form 10F, prescribed under Rule 75(1) read with Section 159(8) of the Act).

Table E — TCS rate chart, FY 2026-27 (Section 394(1))
CodeOld SectionNature of receiptNew citation (Act 2025)Rate (post-FA 2026)No-PAN
1068206C(1) [206C-A]Sale of alcoholic liquor for human consumption394(1) Sl. 12% (FA 2026: up from 1%)5%
1069206C(1) [206C-I]Sale of tendu leaves394(1) Sl. 22% (FA 2026: down from 5%)5%
1070206C(1) [206C-B]Sale of timber obtained under a forest lease394(1) Sl. 32%5%
1071206C(1) [206C-C]Sale of timber obtained by any mode other than a forest lease394(1) Sl. 32%5%
1072206C(1) [206C-D]Sale of any other forest produce (not timber or tendu leaves) under a forest lease394(1) Sl. 32%5%
1073206C(1) [206C-E]Sale of scrap394(1) Sl. 42% (FA 2026: up from 1%)5%
1074206C(1) [206C-J]Sale of minerals — coal, lignite or iron ore394(1) Sl. 52% (FA 2026: up from 1%)5%
1075206C(1F) [206C-L]Sale of a motor vehicle (consideration above threshold)394(1) Sl. 6(a)1%5%
1076206C(1F) [206C-MA]Sale of a wrist watch (notified luxury good above threshold)394(1) Sl. 6(b)1%5%
1077206C(1F) [206C-MB]Sale of an art piece — antiques, paintings, sculpture394(1) Sl. 6(b)1%5%
1078206C(1F) [206C-MC]Sale of collectibles such as coins, stamps394(1) Sl. 6(b)1%5%
1079206C(1F) [206C-MD]Sale of a yacht, rowing boat, canoe or helicopter394(1) Sl. 6(b)1%5%
1080206C(1F) [206C-ME]Sale of a pair of sunglasses394(1) Sl. 6(b)1%5%
1081206C(1F) [206C-MF]Sale of a bag (such as handbag or purse)394(1) Sl. 6(b)1%5%
1082206C(1F) [206C-MG]Sale of a pair of shoes394(1) Sl. 6(b)1%5%
1083206C(1F) [206C-MH]Sale of sportswear & equipment (golf kit, ski-wear etc.)394(1) Sl. 6(b)1%5%
1084206C(1F) [206C-MI]Sale of a home theatre system394(1) Sl. 6(b)1%5%
1085206C(1F) [206C-MJ]Sale of a horse for horse racing in race clubs, or horse for polo394(1) Sl. 6(b)1%5%
1086206C(1G) [206C-T]LRS remittance above threshold — for education or medical treatment394(1) Sl. 7(a)2% (FA 2026: down from 5%); Nil if loan-funded education per Section 394(4)(b)5%
1087206C(1G) [206C-Q]LRS remittance above threshold — purposes other than education or medical394(1) Sl. 7(b)20%20% (cap)
1088206C(1G) [206C-O]Sale of overseas tour programme package — travel, hotel, boarding, lodging or related expenses394(1) Sl. 82% flat (FA 2026 collapsed 5%/20% tiers)5%
1089206C(1G) [206C-O]Overseas tour package — all other cases (post-FA 2026: flat 2%)394(1) Sl. 82% flat5%
1090206C(1C) [206C-F]Use of parking lot for business purposes (excl. mineral-oil mining / quarrying)394(1) Sl. 92%5%
1091206C(1C) [206C-G]Use of toll plaza for business purposes (excl. mineral-oil mining / quarrying)394(1) Sl. 92%5%
1092206C(1C) [206C-H]Use of a mine or quarry for business purposes (excl. mineral-oil, petroleum, natural gas)394(1) Sl. 92%5%
Sl. 1-5 thresholds: Nil (TCS triggers from the first rupee). Sl. 6 threshold: > ₹10 lakh per single item — covers motor vehicle (Sl. 6(a)) plus the 10 notified luxury goods at codes 1076-1085 (Sl. 6(b)) per CBDT Notification No. 36/2025 dated 22 April 2025. Sl. 7 threshold: > ₹10 lakh aggregate per tax year (LRS remittance). Sl. 8 threshold: Nil (flat 2%, post-FA 2026). Sl. 9 threshold: Nil. No-PAN basis: Section 397(2)(b)(ii) — higher of 2× rate or 5%, capped at 20%. **Section 394(2) carve-out:** A buyer's declaration in **Form 127 (under Rule 212; old Form 27C under Rule 37C)** that the goods will be used for manufacturing, processing, producing articles or things, or generating power operates as a full exemption from TCS in Sl. 1-5.

When DTAA overrides the rate

For a non-resident payee, the rate to apply is the more beneficial of the statutory rate in Section 393(2) and the rate in the relevant Double Taxation Avoidance Agreement under Section 159 [old Sections 90, 90A]. To claim treaty relief, the deductee must furnish a valid Tax Residency Certificate (TRC) plus the self-declaration in Form 41 (the Rules-2026 successor to old Form 10F, prescribed under Rule 75(1) read with Section 159(8) of the Act). Treaty rates of 10% on royalty / FTS, and 5% / 7.5% / 10% on interest depending on the country, are common.

When Section 397(2) (old Section 206AA) applies

If the deductee has not furnished a PAN, has furnished an invalid / inoperative PAN, or — for a non-resident — does not meet the conditions for treaty-based PAN exemption under the Rule-217-of-Rules-2026 framework (the successor to old Rule 37BC) referenced in Section 397(2), Section 397(2)(b)(i) mandates deduction at the higher of (a) the rate in the Act, (b) the rate in force, or a special-floor rate which itself splits into two cases under clause (C): (C1) 5% where the deduction is required under Section 393(1) Sl. 8(ii) [Section 194Q goods purchase] or Section 393(1) Sl. 8(v) [Section 194-O e-commerce participant]; (C2) 20% in any other case. So for Section 194Q / Section 194-O the no-PAN floor is 5%, and for everything else it is 20%. For TCS, the parallel rule at Section 397(2)(b)(ii) sets the floor at the higher of twice the specified rate or 5%, capped at 20%. This is not a penalty — it is a primary statutory rate trigger.


Payment Types

TDS on common payment types — when each section applies

Twelve everyday payment categories. For each, the new-Act citation is primary; the old Section 194-series citation is parenthetical.

Salary (Section 392 [old Section 192])

The employer computes the employee's estimated total income for the tax year, applies new-regime slabs by default (per Section 202 [old Section 115BAC]), and deducts proportionate TDS each month. Form 130 (the Rules-2026 successor to Form 16) is the year-end certificate.

EPF withdrawal (Section 392(7) [old Section 192A])

Premature EPF withdrawal of ₹50,000 or more attracts 10% TDS by the EPFO at the time of payment.

Interest on securities (Section 393(1) Sl. 5(i) [old Section 193])

Issuer of debentures / bonds deducts 10% on interest above ₹10,000 in the tax year per holder.

Interest other than securities (Section 393(1) Sl. 5(ii) and 5(iii) [old Section 194A])

Banks, post offices, co-operatives deduct 10% on interest above ₹50,000 (₹1,00,000 for senior citizens). Other payers (private firm interest) cross the threshold at ₹10,000.

Dividends and mutual fund income (Section 393(1) Sl. 7 / Sl. 4(i) [old 194 & 194K])

Companies deduct 10% on dividend payouts under Section 393(1) Sl. 7. The statutory threshold at Sl. 7 column-D is Nil — the deduction obligation triggers from the first rupee. The ₹10,000 figure that often appears in practitioner shorthand is not a Sl. 7 threshold; it operates only as the carve-out limit under Section 393(4) Sl. 10, which preserves the old non-cash-mode exemption: no deduction where the dividend is paid by a mode other than cash to an individual shareholder and the aggregate in the tax year does not exceed ₹10,000 (raised from ₹5,000 by Finance Act 2025 and carried into the Section 393(4) Sl. 10 carve-out Table as enacted). For company shareholders, foreign shareholders, and cash-mode dividend payouts, the carve-out does not apply and the 10% deduction runs from the first rupee. Asset managers deduct 10% on mutual-fund unit income under Sl. 4(i), where the column-D threshold is independently set at ₹10,000.

Contractor and sub-contractor (Section 393(1) Sl. 6(i) [old Section 194C])

Sub-clause (a) — 1% if the payee is an individual or HUF; sub-clause (b) — 2% otherwise. Threshold (both): ₹30,000 single payment or ₹1,00,000 aggregate in the tax year.

Commission and brokerage (Section 393(1) Sl. 1(ii) [old Section 194H])

2% on commission or brokerage above ₹20,000 in the tax year.

Rent (Section 393(1) Sl. 2(i) and Sl. 2(ii) [old Sections 194-IB, 194-I])

Individuals / HUFs not subject to audit (the non-specified persons — i.e., not within the definition of "specified person" in Section 402(37) of the Act 2025) deduct 2% under Section 393(1) Sl. 2(i) (old Section 194-IB) when monthly rent exceeds ₹50,000. Specified persons under Section 402(37) — (a) every non-individual / non-HUF (every company, firm, LLP, AOP, BOI, AJP, trust, government department), and (b) individuals / HUFs whose total sales, gross receipts or turnover from business or profession in the immediately preceding tax year exceeded ₹1 cr (business) or ₹50 L (profession) — deduct under Section 393(1) Sl. 2(ii) (old Section 194-I): (a) 2% on plant / machinery / equipment rent and (b) 10% on rent of land / building / furniture, both at the unified ₹50,000-per-month threshold.

Property purchase (Section 393(1) Sl. 3(i) [old Section 194-IA])

The buyer of any immovable property of ₹50 lakh or more deducts 1% on the consideration, deposits using the consolidated Form 141 (challan-cum-statement), and issues Form 132 (the Rules 2026 property-TDS certificate, successor to old Form 16B) to the seller.

Professional and technical fees (Section 393(1) Sl. 6(iii) [old Section 194J])

10% on professional fees under (b) [also includes director remuneration under Section 393(1) Sl. 6(iii)(b) — at the same 10% rate but with Nil threshold]; 2% on technical services, royalty for cinematograph films, and call-centre operations under (a). Threshold: ₹50,000 per FY per payee for clauses (a) and (b). Director remuneration under (b): nil threshold.

Cash withdrawals (Section 393(3) Sl. 5 [old Section 194N])

Banks deduct 2% on aggregate cash withdrawals above the threshold under two sub-clauses: Sl. 5(a) — payee is a co-operative society, threshold ₹3 crore; Sl. 5(b) — payee is other than a co-operative society, threshold ₹1 crore. The old "5% above ₹20 lakh / ₹1 crore for non-filers" non-filer surcharge from Section 194N's second proviso (read with Sections 206AB / 206CCA of the 1961 Act) did not survive into Act 2025 — Sections 206AB / 206CCA were omitted, and Section 393(3) Sl. 5 carries a single 2% rate without a separate non-filer 5% tier.

E-commerce, VDA, partner remuneration (Section 393(1) Sl. 8(v), Sl. 8(vi), and Section 393(3) Sl. 7)

E-commerce operators deduct 0.1% on payments to participants under Sl. 8(v) (threshold ₹5,00,000 for individual / HUF). VDA (crypto / NFT) transfers attract 1% under Sl. 8(vi) (Section 194S successor). Section 393(3) Sl. 7 — TDS on partner remuneration [old Section 194T] — is a first-mover compliance area; firms and LLPs deduct 10% on aggregate salary, bonus, commission, or interest paid to a partner above ₹20,000 in the tax year.

When two sections appear to apply — overlap resolution

In several routine commercial transactions, two TDS or TCS provisions can appear to apply to the same gross receipt. The resolution principles that crystallised through judicial pronouncements and CBDT circulars under the 1961 Act continue to apply for FY 2026-27.

  • Section 194Q [Section 393(1) Sl. 8(ii)] vs Section 206C(1H) — RESOLVED. The seller's TCS obligation under old Section 206C(1H) on goods sales above ₹50 lakh was abolished with effect from 1 April 2025 (FY 2025-26) by the Finance Act 2025. From FY 2026-27 onwards, only the buyer's deduction under Section 393(1) Sl. 8(ii) at 0.1% applies on a goods transaction above ₹50 lakh per seller per year. The overlap is gone at source.
  • Section 194C [Section 393(1) Sl. 6(i)] vs Section 194J [Section 393(1) Sl. 6(iii)] — risk-and-control test. Turnkey software development is generally a fee for technical services or royalty under Section 194J. Body-shopped manpower / labour supply is a contractual payment under Section 194C. The line turns on which party bears professional risk and retains technical control over the output.
  • Section 194C [Section 393(1) Sl. 6(i)] vs Section 194-I [Section 393(1) Sl. 2(ii)] — operating-risk test. In vehicle-hire arrangements, the consideration is rent under Section 194-I where the hirer takes exclusive use of the vehicle without bearing fuel / driver / maintenance cost. It is a contractual payment under Section 194C where the arrangement is trip-wise / contract-wise and the operator retains control over fuel, driver, and maintenance.
  • Section 194R [Section 393(1) Sl. 8(iv)] vs Section 194Q [Section 393(1) Sl. 8(ii)] — characterisation test. Goods provided free of cost as a benefit or perquisite are covered by Section 194R at 10% of fair-market value of the benefit. A quantity discount embedded in the invoice forms part of the goods consideration and stays within Section 194Q. This characterisation is governed by CBDT Circular No. 12/2022 dated 16 June 2022 (Q.3 and Q.4) read with Circular No. 18/2022 dated 13 September 2022. Both circulars were issued under Section 119 of the 1961 Act (now Section 239 of the Act 2025) and continue in operation under Section 536(2)(j) (repeal and savings) of the Act 2025 to the extent not inconsistent with the new Act — the underlying Section 194R / Section 194Q provisions have been carried forward substantively into Section 393(1) Sl. 8(iv) / 8(ii) without change to the rate or charge, so the characterisation guidance in these circulars remains applicable.
  • Section 194M [Section 393(1) Sl. 6(ii)] vs Section 194C / Section 194J [Section 393(1) Sl. 6(i) / 6(iii)] — residual rule. Section 194M is a residual provision applicable to individual / HUF payers whose aggregate payments to a resident exceed ₹50 lakh in a tax year but who are not otherwise obliged to deduct under Section 194C or Section 194J. Under the Act 2025 this is consolidated under Section 393(1) Sl. 6(ii) and is reported on Schedule C of the unified Form 141, per the official Form 141 guidance note issued by CBDT.
  • Section 194-O [Section 393(1) Sl. 8(v)] vs Section 194C / Section 194J [Section 393(1) Sl. 6(i) / 6(iii)] — precedence rule. Where goods or services of a resident e-commerce participant are sold through an operator's digital platform, Section 194-O takes precedence over Section 194C and Section 194J on the same gross receipt. The e-commerce operator deducts at 0.1%, and no further deduction arises in the participant's hands on the same receipt.

Non-Residents

TDS for non-residents — Section 393(2) and beyond

When Section 393(2) applies

The moment a payment is made — or credited — to a non-resident (individual, NRI, foreign company, foreign LLP) and the payment is chargeable to tax in India under Section 9 [old Section 9] of the Act 2025, the payer is bound to deduct under Section 393(2) [old Section 195]. Unlike the resident regime, there is no de-minimis threshold — the duty triggers from the first rupee. The rate column to consult is Table D above.

Activating the DTAA treaty rate

  1. 1
    Obtain a valid Tax Residency Certificate (TRC)

    Issued by the foreign tax authority for the tax year of the remittance. Keep it on file with the remitter.

    Tip: TRC validity is country-specific — typically one calendar year; some jurisdictions issue per financial year.

  2. 2
    File Form 41 (Rules 2026 successor to Form 10F)

    Self-declaration of taxpayer status, period of tax residency, and address. Prescribed under Rule 75 read with Section 159(8) of the Act 2025. E-filed on the Income-tax portal.

    Tip: Form 41 replaces the physical Form 10F; e-filing is now mandatory for most categories — note Form 41, not Form 130 (Form 130 is the salary TDS certificate, an entirely different form).

  3. 3
    Furnish a No-PE declaration (if applicable)

    Required when the payment relates to business profits or fees for technical services (FTS).

    Tip: Without this, the payer must default to the statutory 20% + cess + surcharge rate.

How DTAA + Tax Residency Certificate change the rate

Where India has a DTAA with the recipient's country (over 90 comprehensive DTAAs and around eight limited DTAAs in force as of FY 2026-27 — verify the live count against the Income Tax Department's DTAA directory), Section 159 [old Section 90] permits the more-beneficial of statute-or-treaty. To activate the treaty rate, the deductee must furnish: a valid Tax Residency Certificate (TRC) from the foreign tax authority, a self-declaration in Form 41 (the Rules-2026 successor to old Form 10F, under Rule 75), and a No-PE declaration if the payment relates to business profits / FTS. Without these, the statutory rate (often 20% basic + 4% cess + applicable surcharge) applies.

Form 145 / Form 146 remittance certification

Every foreign remittance (subject to limited exclusions) requires the remitter to file information in Form 145 (the Rules-2026 successor to old Form 15CA, prescribed under Rule 220 of the Income-tax Rules 2026 — formerly the Section 195(6) framework with Rule 37BB) on the Income-tax e-Filing portal. Form 146 — a Chartered Accountant's certificate (the successor to old Form 15CB, also under Rule 220) — is required in Part C of Form 145 where the aggregate taxable remittance exceeds ₹5 lakh per tax year and no certificate under Section 395 has been obtained from the Assessing Officer. The bank / authorised dealer will not process the SWIFT instruction without these forms — see our Form 145 / 146 filing guide for the full procedure, thresholds, and exclusions.

Sections 196, 196A, 196B, 196C, 196D — special non-resident regimes

These five old sections map across the Section 393 architecture — Section 196 to the standalone Section 393(5) exemption, and Sections 196A–D to specific Sl. Nos. inside the Section 393(2) non-resident table:

  • Section 196 → Section 393(5) — payments to Government, RBI, specified statutory corporations, and Mutual Funds are wholly exempt from deduction. The Schedule VII Sl. 20/21 reference attaches specifically to the Mutual Fund entries within the Schedule VII list of exempt entities (Government and statutory bodies sit at much earlier serial numbers in Schedule VII). Section 196 is not inside the Section 393(2) NR table — it is the standalone exemption sub-section under Section 393.
  • Section 196A → Section 393(2) Sl. 10 — units of Mutual Funds paid to a non-resident: 20% (or DTAA, if more beneficial).
  • Section 196B → Section 393(2) Sl. 11 + Sl. 12 — Sl. 11 covers income from offshore-fund units at 10%; Sl. 12 covers long-term capital gains on transfer of those units at 12.5%.
  • Section 196C → Section 393(2) Sl. 13 + Sl. 14 — Sl. 13 covers interest / dividends on foreign-currency bonds and GDRs of an Indian company at 10%; Sl. 14 covers long-term capital gains on transfer of those bonds / GDRs at 12.5%.
  • Section 196D → Section 393(2) Sl. 15 + Sl. 16 — Sl. 15 covers FII income from securities at 20% (or DTAA, if more beneficial); Sl. 16 covers IFSC Specified Fund income at the concessional 10%.

Thresholds

Threshold limits, Form 121, and Section 395

Section-by-section threshold table

The threshold question — "does this payment trigger a deduction at all?" — is answered with reference to the schedule appended to Section 393. Crossing the threshold typically applies the rate to the full payment, not only the excess. Thresholds are per deductee, per tax year, aggregated across all payments of that nature from the same deductor.

Table F — All TDS thresholds for FY 2026-27 (key sections)
Section (Act 2025)Old SectionNatureThreshold (FY 2026-27)
392192SalaryBasic exemption (₹4,00,000 default new regime per Section 202(1) — slab structure enacted by Finance Act 2025 amending old Section 115BAC and carried into Section 202 of the Act 2025 as enacted; ₹2,50,000 if old regime opted)
392(7)192AEPF withdrawal₹50,000
393(1) Sl. 5(i)193Interest on securities₹10,000
393(1) Sl. 5(ii)194ABank interest₹50,000 (₹1,00,000 senior citizen)
393(1) Sl. 5(iii)194AOther interest₹10,000
393(1) Sl. 6(i)194CContractor₹30,000 single / ₹1,00,000 aggregate
393(1) Sl. 1(ii)194HCommission / brokerage₹20,000
393(1) Sl. 2(ii)194-IRent (specified person / business)₹50,000 / month
393(1) Sl. 6(iii)(b)194JProfessional fees₹50,000 (Nil for director remuneration)
393(1) Sl. 3(i)194-IAProperty purchase₹50,00,000
393(1) Sl. 2(i)194-IBRent (individual / HUF non-specified)₹50,000 / month
393(3) Sl. 7194TPartner remuneration₹20,000
393(1) Sl. 8(ii)194QGoods purchase₹50,00,000
Thresholds are per-deductee, per-tax-year, aggregated across all payments of that nature from the same deductor.

Form 121 — self-declaration for residents below threshold (old Form 15G)

A resident (other than company / firm) whose estimated total income is below the basic exemption can furnish Form 121 to the deductor (typically a bank) to claim nil deduction. Form 121 consolidates the old Forms 15G (residents below 60) and 15H (senior citizens 60+) into a single declaration with age-based eligibility built in. The provision is Section 393(6) read with Section 393(7), prescribed under Rule 211 of the Income-tax Rules 2026 (the Rules-2026 successor to old Section 197A read with Rule 29C of the 1962 Rules).

Form 121 — the senior-citizen variant

Senior citizens (60+) can furnish Form 121 in their tax year for nil deduction on bank interest up to the higher senior-citizen threshold. For specified senior citizens — defined at Section 402(39) of the Act 2025 (resident, 75 years or older, with only pension and interest income from the same specified bank, and no business income) — the consolidated Section 393(1) Sl. 8(iii) [old Section 194P] mechanism allows the specified bank to compute the senior's total income, apply rebate / chapter-VI-A relief, and discharge the entire tax liability at source. The deduction provision sits at Section 393(1) Sl. 8(iii); the paired return-filing exemption for the same class is housed in Section 263(8)(b) [old Section 194P read with the seventh proviso to old Section 139(1)]. The bare text of Section 263(8)(b) is precise: "the provisions of this section [Section 263, the return-filing section] shall not apply to a specified senior citizen, as referred to in section 402(39), for the relevant tax year in which tax has been deducted at source under section 393(1) [Table: Sl. No. 8(iii)]." Once the bank has discharged the tax under Sl. 8(iii), the specified senior citizen is exempt from filing a return for that tax year — the two provisions (Section 393(1) Sl. 8(iii) and Section 263(8)(b)) work as a tightly-coupled pair.

Section 395 [old Section 197] lower / nil deduction certificate

Where a deductee can demonstrate that the standard deduction rate is excessive (e.g., the recipient enjoys a lower effective tax slab or has carry-forward losses), they apply to the Assessing Officer in Form 128 (Rule 213 — the Rules-2026 successor to old Form 13) for a lower or nil deduction certificate under Section 395(1) [old Section 197]. A separate, NR-specific route exists in Form 126 (Rule 209) — successor to old Forms 15C/15D — for non-resident entities operating through Indian branches who want a nil-deduction certificate on interest / other sums. The certificate, once issued, is valid for the tax year specified and binds the named deductor. Section 395(6) (inserted by Finance Act 2026) also enables an alternative electronic-route — the application can now be filed before the prescribed income-tax authority with electronic verification, in addition to the AO route.

Section 395 [old Section 197A] self-declaration alternative

For specified categories of receipt — bank interest, mutual-fund income, EPF withdrawal — the recipient can short-circuit the AO route by filing the Form 121 self-declaration directly with the deductor (the successor to the old Section 197A regime), provided their total tax for the year is estimated to be nil.


Deposit

TDS deposit — challan, payment portals, due dates

Get a TAN first (Section 397(1) [old Section 203A])

A Tax Deduction and Collection Account Number (TAN) is a 10-character alphanumeric (e.g., MUMR12345T) issued by the Income-tax Department on application in Form 134 (Government deductors) / Form 135 (other deductors), per Rule 216. Deductors use the TAN — not the PAN — in every challan, return, and certificate. A business operating from multiple branches may apply for branch-wise TANs. Without a TAN, you can deduct but you cannot deposit, file, or issue valid certificates — the entire chain breaks.

The end-to-end TDS deposit cycle

  1. 1
    Get a TAN (Form 134 / Form 135, per Rule 216)

    10-character alphanumeric (e.g., MUMR12345T) issued by the Income-tax Department. Apply once; use it on every challan, return, and certificate.

    Tip: Multi-branch businesses may apply for branch-wise TANs.

  2. 2
    Deduct at credit or payment, whichever is earlier

    The Section 393 operative clause triggers the duty at the earlier of the two events — not at the later.

    Tip: Credit-basis accrual often catches firms out — review month-end provisions before quarter-close.

  3. 3
    Compute the gross, net, and TDS figures

    Apply the rate from the Section 393 / 394 schedule (Tables C / D / E above). Cross-check against any Section 395 certificate or Form 121 on file.

    Tip: No-PAN higher rate under Section 397(2) is a primary statutory rate, not a penalty — apply it the moment PAN is missing or inoperative.

  4. 4
    Pay via Challan 281 on the e-Filing portal

    e-Pay Tax → New Payment → TDS / TCS Payable by Taxpayer. Select Tax Year, TAN, section code, and head of payment.

    Tip: UPI is accepted under ₹10,000; above that, use net-banking or debit card.

  5. 5
    Deposit by the 7th of the next month (30 April for March)

    Non-government deductors follow the 7th-of-next-month cycle with the March exception. Government deductors follow stricter book-entry / same-day rules.

    Tip: 1.5% per month under Section 398(3) for failure-to-deposit — a 1-day slip costs the same as a 30-day slip.

  6. 6
    Verify the challan on TRACES / TRACES 2.0

    Post-deposit, the challan appears in TRACES Challan-Status Enquiry within 24–48 hours. Match every field (TAN, section code, BSR, CIN) before return time.

    Tip: An unmatched challan = a default when the return is filed; fix before, not after.

  7. 7
    Tag the challan on the quarterly return

    The deductor's RPU file links each deductee-line to the challan via CIN. File Form 138 / 140 / 144 / 143 by the quarter-end deadline.

    Tip: A single un-tagged challan routes the entire return into a short-payment default.

Monthly deposit cycle and Section 397(3) due dates

The default rule (Rule 218(2)): TDS deducted in any calendar month must be deposited to the Central Government by the 7th of the following month. The March exception: TDS deducted in March must be deposited by 30 April (the extra time accommodates the year-end ledger crystallisation). Government-deductor cycles are tighter under Rule 218(1) — same-day deposit where tax is paid without an income-tax challan (the typical book-entry / Form 137 route); 7th of the following month where tax is paid accompanied by an income-tax challan.

The Rule 218(3) carve-out — the 30-day-from-month-end window with Form 141. Four categories of payment do not follow the 7th-of-next-month default and instead follow a single unified rhythm: deposit within 30 days from the end of the month of deduction, accompanied by a challan-cum-statement in Form 141 (which doubles as the TDS statement under Rule 219(5), so no separate quarterly Form 140/144 is filed for these). The four categories are:

  1. Rent under Section 393(1) Sl. 2(i) (old Section 194-IB — individual/HUF non-audit).
  2. Immovable property purchase under Section 393(1) Sl. 3(i) (old Section 194-IA).
  3. Contractor / professional / commission / brokerage payments under Section 393(1) Sl. 6(ii) (old Sections 194C / 194J / 194H — but only for the unified Sl. 6(ii) head; the regular Sl. 6 sub-heads continue under Rule 218(2)).
  4. Virtual digital asset (VDA) transfers under Section 393(1) Sl. 8(vi) (old Section 194S).

For these four heads the certificate is Form 132 — issued within 15 days of the Form 141 due date under Rule 215(1) Sl. 3. Practitioners should treat the Rule 218(3) regime as a parallel track with its own deposit, statement, and certificate workflow distinct from the mainstream 7th-of-next-month + Form 140 + Form 131 cycle.

How to pay TDS online

The payment lives on the e-Filing portal under e-Pay Tax → New Payment → TDS / TCS Payable by Taxpayer. The deductor selects the assessment-year successor field (now "Tax Year" under the Act 2025 portal screens), the TAN, the section code, and the head of payment, then pays via internet banking, UPI (under ₹10,000 challans), or debit card.

Challan 281 — fields, payment heads, common mistakes

Challan 281 is the TDS / TCS challan; the major / minor head architecture continues from the pre-2026 framework, with the substantive payment identifier under the Income Tax Rules 2026 now being the four-digit Payment Code (1001-1092). Confirm the active challan layout against the live Protean (NSDL) and e-Filing portal listings before each deposit cycle, as the Income-tax Department has not formally re-notified the Challan 281 schema for Act 2025 payments at the time of writing. Three fields cause 80% of the post-payment correction work:

  1. Tax Year selection — under the new portal, ensure you pick "Tax Year 2026-27" not "AY 2027-28" (old terminology is being phased out; both fields visible in the 2026 transition window).
  2. Section code — 1004–1067 (domestic), the 393(2) Sl. range (non-resident), the 394(1) Sl. range (TCS). A wrong code routes the challan to the wrong head; corrections via OLTAS-CCS or through the AO take 4–6 weeks.
  3. Major / Minor head — Major 0021 (non-company) vs 0020 (company); Minor 200 (TDS regular) vs 400 (TDS regular assessment). Mixing these is the most common reason a challan does not auto-match a return.
Table G.1 — Common Challan 281 mistakes and their fix
#Common mistakeConsequenceFix
1Tax Year (FY) selected wronglyChallan credits to wrong FY; return will not auto-matchTRACES challan-correction request
2Major head 0021 instead of 0020 (or vice versa)Company / non-company mismatchOLTAS-CCS AO request
3Minor head 200 instead of 400Regular TDS vs Regular-Assessment TDS mis-routedOLTAS-CCS AO request
4Section code entered wrongly (e.g., 1026 for Section 194J but intended 1012 for Section 194C)Nature-of-payment mismatch; demand can ariseChallan correction / correction statement via TRACES or AO, depending on whether the challan is already matched
5Wrong TAN (multi-branch deductor)Challan sits under the wrong TANTRACES grievance + inter-TAN transfer request. Inter-TAN transfer is usually AO / Protean-backed and may require jurisdictional intervention
6Amount paid on correct TAN but for wrong deductee PANForm 168 mismatch for recipientThe deductee PAN can often be corrected only through a correction statement once the challan is correctly linked
7Paid on 8th instead of 7thInterest is charged at 1.5% per month or part thereof under the failure-to-deposit rule, so even a one-day delay can trigger a full month's interestPay interest separately as per Section 398(3); use the correct challan classification and deposit the interest as instructed by the portal / AO
8Missing BSR code / incorrect CINChallan cannot be matched on TRACESRaise a challan correction / re-tagging request; if the challan is not traceable, coordinate through the bank / Protean and AO
Source: Field experience from TRACES grievance filings, 2024–26.
Table G — Deposit due dates: government deductor vs other deductor
Deduction monthOther deductor due dateGovernment deductor (with challan)Government deductor (book-entry, no challan)
April 20267 May 20267 May 2026Same-day book-credit
May 20267 June 20267 June 2026Same-day book-credit
June 20267 July 20267 July 2026Same-day book-credit
July 20267 August 20267 August 2026Same-day book-credit
August 20267 September 20267 September 2026Same-day book-credit
September 20267 October 20267 October 2026Same-day book-credit
October 20267 November 20267 November 2026Same-day book-credit
November 20267 December 20267 December 2026Same-day book-credit
December 20267 January 20277 January 2027Same-day book-credit
January 20277 February 20277 February 2027Same-day book-credit
February 20277 March 20277 March 2027Same-day book-credit
March 202730 April 20277 April 2027Same-day book-credit
The 30-April relief is a non-Government concession written into Rule 218(2)(a); Rule 218(1)(b) governing Government-deductor-with-challan contains no such carve-out, so a Government deductor delaying March 2027 challan to 30 April 2027 will be in default.

Returns

TDS returns — quarterly filing of Forms 138 / 140 / 144 / 143

Which form for which payment type

The deductor files one quarterly return per form-type per quarter. Each form covers a distinct universe of payments.

Table H — Form 138 vs 140 vs 144 vs 143 comparison
Form (Rules 2026)Old form (Rules 1962)CoversTypical sections (Act 2025)Example payment
Form 13824QSalary TDS (and the Section 393(1) Sl. 8(iii) senior-citizen consolidated mechanism)392 (other than 392(7)); 393(1) Sl. 8(iii)Monthly salary, bonus to employee; bank-computed tax on a 75+ pensioner
Form 14026QNon-salary TDS where the deductee is a resident (or RNOR)392(7); 393(1) (resident rows other than Sl. 8(iii)); 393(3) (resident rows)Professional fee, contractor payment, rent, partner remuneration, dividend, EPF withdrawal of a resident
Form 14427QNon-salary TDS where the deductee is a non-resident, foreign company, or RNOR392(7); 393(2); 393(3) — when the deductee is NR / foreign company / RNORSoftware royalty to US, FTS to Singapore consultant, NRI bank-interest, EPF withdrawal of an RNOR
Form 14327EQTCS394(1)Sale of motor vehicle > ₹10L, scrap sale, foreign-tour package
All four forms are filed under Section 397(3)(b) read with Rules 2026.

Quarterly due dates

The return is due on the last day of the month following each quarter. Q4 alone has an extra month (extending to 31 May 2027) for the same year-end-ledger reason that extends the March deposit.

Table I — Quarterly return due-date matrix, FY 2026-27
QuarterPeriodForm 138 (Salary)Form 140 (Non-salary R)Form 144 (Non-salary NR)Form 143 (TCS)
Q1Apr–Jun 202631 Jul 202631 Jul 202631 Jul 202631 Jul 2026
Q2Jul–Sep 202631 Oct 202631 Oct 202631 Oct 202631 Oct 2026
Q3Oct–Dec 202631 Jan 202731 Jan 202731 Jan 202731 Jan 2027
Q4Jan–Mar 202731 May 202731 May 202731 May 202731 May 2027
Q4 carries an extra 30-day filing buffer for the same year-end-ledger reason that extends the March deposit deadline.

Filing a TDS return — end-to-end

  1. 1
    Download the matched-version RPU + FVU

    From the Protean / NSDL site. The RPU and FVU versions must match the quarter being filed — using a stale pair is the #1 upload failure.

  2. 2
    Prepare the .txt file in RPU

    Import challan data, deductee PAN-wise line items, and section codes. The RPU enforces field-level validations.

  3. 3
    Validate using FVU → produces .fvu file

    FVU runs the rule engine; fix any error codes at this stage, not after upload.

  4. 4
    Upload to the e-Filing portal (DSC or EVC)

    TAN-logged-in deductors upload directly; paper-DSC-less deductors route through a TIN-FC.

    Tip: A token number is issued on successful upload — screenshot it immediately.

  5. 5
    Download Form 130 / 131 / 132 / 133 certificates from TRACES

    Within 24 hours of return processing, the PAN-wise certificate .zip appears in the TRACES inbox (Form 130 for salary-TDS returns, Form 131 for non-salary general, Form 132 for property / rent / VDA, Form 133 for TCS). Distribute to deductees within 15 days of quarter-end.

Correction returns

When TRACES processing throws a default — short-deduction, short-payment, PAN-mismatch, late-payment-interest demand — the deductor files a correction return (.fvu revised file) under the Section 397(3)(f) framework (the express correction-statement authority; the original quarterly statement is filed under Section 397(3)(b)). The most common correction is a PAN-mismatch fix; the second is a challan-deductee re-mapping.


Certificates

TDS certificates — Forms 130 / 131 and the 141-series

Form 130 (salary)

The Rules-2026 Form 130 (the successor to old Form 16) is the year-end salary-TDS certificate. The employer downloads Part A from TRACES (digitally signed) and prepares Part B (salary-and-perquisite computation, deductions, tax computed). Issue deadline (Rule 215(1) Sl. 1): by the 15th June of the financial year immediately following the tax year in which the income was paid and tax deducted — i.e., 15 June 2027 for FY 2026-27.

Form 131 (non-salary)

Form 131 (the successor to old Form 16A) is issued quarterly. Per Rule 215(1) Sl. 2, the 15-day clock runs from the statutory due date for furnishing the quarterly statement under Rule 219 — not from the actual date of filing. So for Q1 (return due 31 July 2026), Form 131 is due by 15 August 2026, even if the deductor files the return earlier. It carries the deductee's PAN, the section code, the gross amount, the deducted amount, and the challan reference. The deductee uses it both to claim credit on their ITR and to chase the deductor for any missing amount that does not show up in Form 168.

Form 132 and Form 141 — the Rule 218(3) track

The Rules-2026 framework draws a cleaner line between the deposit-and-statement instrument and the certificate to the deductee for the four Rule 218(3) heads (rent under Sl. 2(i), property under Sl. 3(i), contractor / professional under Sl. 6(ii), and VDA under Sl. 8(vi)).

  • Form 141 — the unified challan-cum-statement that the deductor uses to deposit the tax and simultaneously discharge the statement obligation under Rule 219(5). Form 141 replaces the legacy challan-cum-statements Form 26QB (property under Section 194-IA), Form 26QC (rent under Section 194-IB), Form 26QD (Section 194M payments by non-audit individuals), and Form 26QE (VDA under Section 194S). The deductor pays-and-files on the same form via the e-Filing portal — there is no separate quarterly Form 140 / 144 for these heads.
  • Form 132 — the unified certificate issued to the deductee, which the e-Filing system auto-generates within 15 days of the Form 141 due date (Rule 215(1) Sl. 3). Form 132 replaces the legacy certificates Form 16B (property), Form 16C (rent by individual), Form 16D (Section 194M), and Form 16E (VDA). The deductor downloads it and forwards to the deductee for ITR-credit chase-up.

Practitioner mnemonic: legacy 26Q-series → Form 141; legacy 16-series (B/C/D/E) → Form 132. The two are sequential — Form 141 first (deposit-cum-statement), Form 132 second (certificate, 15 days later).

Generating certificates from TRACES (and TRACES 2.0)

For Forms 138 / 140 / 144 returns, the certificate-generation request lives at TRACES (transitioning to TRACES 2.0). After return processing closes (3–7 days post-upload), the deductor logs in, selects the form-quarter combination, and requests certificate generation. The .zip file with all PAN-wise certificates (Form 130 for Form 138 salary returns, Form 131 for Form 140 / 144 non-salary returns, Form 133 for Form 143 TCS returns) arrives in the deductor's TRACES inbox within 24 hours; the deductor opens it via the TRACES PDF Generation Utility and distributes.


Form 168

Form 168 (26AS), AIS, TIS — verifying TDS credit

What Form 168 shows

The new Income Tax Act 2025 reorganises taxpayer information into a single statutory artefact under Section 510 [old Section 285BB]: the Annual Information Statement, available on the e-Filing portal as Form 168 (the renumbered successor to old Form 26AS). Form 168 captures, against the deductee's PAN, every TDS deducted on their behalf, every TCS collected, every advance-tax / self-assessment-tax challan paid, every refund issued, every high-value financial transaction reported by banks / mutual funds / property registrars, and every demand or refund pending.

Annual Information Statement (AIS)

The AIS is the wider information dossier underlying Form 168. It includes Form-168 entries plus reportable financial transactions under the SFT framework (Section 508 [old Section 285BA]) — large cash deposits, mutual-fund purchases, foreign remittances, securities trades, property registrations.

Taxpayer Information Summary (TIS)

The TIS is the AIS summarised category-wise. It is the form most useful at ITR-filing time because it pre-fills several income-head fields on the e-Filing return utility.

Form 130 vs Form 168 — a quick comparison

Table H.1 — Form 130 (certificate) vs Form 168 (AIS)
DimensionForm 130 (old Form 16)Form 168 (old Form 26AS)
Issued byDeductorIncome-tax Department (auto-generated)
Legal basis (Act 2025)Section 395(4) [old Section 203]Section 510 [old Section 285BB]
FrequencyAnnual for salary (Form 130); quarterly for non-salary (Form 131)Real-time; cumulative against PAN
ScopeOnly deductions by that deductorAll tax credits and reported items linked to the PAN — TDS, TCS, advance tax, refunds, and other reportable entries
Primary usePre-populate salary Sch; prove deduction if deductor fails to depositPre-populate ITR; reconcile all pre-paid taxes
Dispute pathContact deductor; file TRACES grievanceFeedback mechanism on e-Filing portal
Required on ITR?Recommended to retain for recordsRequired — ITR credit claim flows from Form 168

Reconciling Form 168 to your TDS certificate

Mismatches between your Form 168 and your TDS certificate generally fall into one of three classes. A quantum mismatch (Form 168 shows ₹4,500 while the certificate shows ₹5,000) indicates that the deductor under-deposited or wrongly tagged the challan — the fix is to chase the deductor before filing your return. A PAN mismatch (the certificate carries your PAN but Form 168 shows nothing) means the deductor used a wrong PAN in the return and must file a correction return (see Section 10) to remap the entry. A challan-not-matched mismatch (the deduction shows but is flagged "U" for unmatched) means the deductor's challan failed OLTAS-reconciliation; the deductor must rectify on TRACES before the entry appears in your Form 168.

Claiming TDS credit and refund

You sign in to the e-Filing portal, prepare your ITR, the system pre-populates TDS from Form 168, you cross-check against your physical certificates, you compute final liability minus pre-paid taxes (TDS + Advance Tax + Self-Assessment Tax), and the residual is either payable or refundable. Refunds are credited directly to the bank account pre-validated on the e-Filing portal.


Penalties

Penalties, interest, and default consequences

1% / 1.5%
Section 398 interest rates

1% per month for failure to deduct; 1.5% per month for failure to deposit. Charged per month or part thereof — a 16-day delay costs the same as a 30-day delay.

Source: Section 398 [old Sections 201, 206C(7)]
₹200 / day
Section 427 late-filing fee

Capped at the total TDS amount in the return under Section 427(2)(a) — so a ₹15,000-deductible return 100 days late attracts ₹15,000 (not ₹20,000).

Source: Section 427 [old Section 234E]
₹10,000 – ₹1,00,000
Section 461 penalty for non-filing

AO discretion. Waived under Section 461(2)(b) if the return is filed within one month of due date and all interest + fee + tax are paid. The 30-day waiver window was originally introduced by the **Finance (No. 2) Act 2024** amending old Section 271H(3) (effective 1 April 2025) — replacing the earlier one-year waiver — and was carried into Section 461 of the Act 2025 as enacted. Finance Act 2026 made no further change to this provision.

Source: Section 461 [old Section 271H]
Up to 2 yrs / 6 months / fine
Section 476 prosecution (FA 2026 substituted scale)

Simple imprisonment + fine in a three-tier scale by quantum: > ₹50L = up to 2 years simple imprisonment, or fine, or both; ₹10-50L = up to 6 months, or fine, or both; otherwise fine only (no imprisonment risk). Substituted by FA 2026 w.e.f. 1-4-2026 — replacing the prior regime of 3 months to 7 years rigorous imprisonment with fine. Section 476(2) safe harbour: Section 476 shall not apply if the deducted amount is paid before the Section 397(3)(b) statement due date.

Source: Section 476 [old Section 276B]

Section 398 [old Sections 201, 206C(7)] — interest

Interest under Section 398(3) has two heads: 1% per month for failure to deduct (running from the date the deduction was due to the date the deduction was made), and 1.5% per month for failure to deposit (running from the date the deduction was made to the date the deposit was made). Computation is per month or part thereof. A 16-day delay attracts the same one-month interest as a 1-day delay.

Section 427 [old Section 234E] — late-statement fee

A deductor who files the quarterly return (Form 138 / 140 / 144 / 143) after the due date pays ₹200 per day of delay as a late-fee under Section 427. The fee is capped at the amount of tax deductible or collectible under Section 427(2)(a) — so a return whose deductible TDS is ₹15,000, 100 days late, attracts a fee of ₹15,000 (not ₹20,000).

Section 461 [old Section 271H] — penalty for non-filing

Beyond the late fee under Section 427, a non-filer also exposes itself to a separate penalty under Section 461 ranging from ₹10,000 to ₹1,00,000. The Assessing Officer has discretion. The penalty is not leviable if the return is filed within one month of the due date and all interest plus fee plus tax has been paid (Section 461(2)(b) — note that the 30-day cure window was introduced by the Finance (No. 2) Act 2024 amending old Section 271H(3) effective 1 April 2025, replacing the earlier one-year waiver, and was carried into Section 461 of the Act 2025 as enacted. Finance Act 2026 made no further change to this provision. Practitioners migrating from the pre-2024 1961-Act regime should rebuild their internal SLAs around the 30-day cure period; those migrating from the FY 2025-26 position will see no change).

Section 476 [old Section 276B] — prosecution for failure to pay TDS

The most severe consequence: a deductor who deducts TDS but fails to deposit it to the Central Government can be prosecuted under Section 476. Section 476 was substituted in toto by Finance Act 2026 (w.e.f. 1 April 2026) — replacing the old 1961-Act regime of "rigorous imprisonment of 3 months to 7 years, with fine" with a tiered scale of simple imprisonment, or fine, or both, with two distinct charge-grounds under the substituted Section 476(1):

Section 476(1)(a) — the general charge: failure to pay tax deducted at source to the credit of the Central Government, as required by or under the provisions of Chapter XIX-B.

Section 476(1)(b) — two specific charges where the failure is to "ensure payment":

  • (A) any income by way of winnings from online games referred to in Section 393(3) [Sl. 2], excluding winnings wholly in kind under Note 2 to that Table; and
  • (B) any sum by way of consideration for transfer of a virtual digital asset referred to in Section 393(1) [Sl. 8(vi)], excluding consideration wholly in kind under Note 6 to that Table.

The reason Section 476(1)(b) lists these two specifically: in both cases, where the prize / consideration is partly in kind and partly in cash (or wholly in kind with cash insufficient to discharge the tax), the deductor is statutorily required to ensure payment of the tax before releasing the benefit — a "tax-before-release" obligation. Section 476(1)(b) prosecutes the failure to ensure that payment. Wholly-in-kind cases are excluded because in those cases the tax-before-release mechanism applies and the failure is governed differently.

The punishment scale (applies to both Section 476(1)(a) and Section 476(1)(b)):

  • (i) Where the unpaid tax exceeds ₹50 lakh — simple imprisonment up to 2 years, or with fine, or with both.
  • (ii) Where the unpaid tax exceeds ₹10 lakh but does not exceed ₹50 lakh — simple imprisonment up to 6 months, or with fine, or with both.
  • (iii) In any other casewith fine (no imprisonment risk).

This is a substantial liberalisation from the pre-substitution regime. Three changes are worth flagging for client briefings: imprisonment changed from rigorous to simple (a legally meaningful distinction — rigorous imprisonment includes hard labour); defaults of ₹10 lakh and below carry no imprisonment risk at all (only fine); and the upper-tier maximum dropped from 7 years to 2 years. The prior regime carried 3 months rigorous imprisonment as the floor for any default, however small.

Section 476(2) statutory safe harbour: Section 476 shall not apply if the deducted amount has been paid to the credit of the Central Government on or before the time prescribed for filing the Section 397(3)(b) statement (the quarterly TDS return). This means: even where a deductor has missed the Section 397(3)(a) monthly deposit deadline (the 7th of the following month), prosecution risk is extinguished if the payment is made before the corresponding quarterly return due date (31 July / 31 October / 31 January / 31 May). The safe harbour does not cure the Section 398(3) interest at 1.5% per month — that interest still runs from the deduction date — but it does close down the Section 476 prosecution exposure. Important narrowing — scope of Section 476(2): the safe harbour is anchored to "the payment referred to in sub-section (1)(a)" and therefore covers only the general TDS-deposit charge under Section 476(1)(a). It does not extend to the Section 476(1)(b) charges relating to (A) winnings from online games under Section 393(3) Sl. 2 or (B) consideration for transfer of a virtual digital asset under Section 393(1) Sl. 8(vi) — for those two charge-grounds the "tax-before-release" obligation cannot be cured retrospectively by the Section 397(3)(b) deadline, and prosecution exposure is independent of the quarterly-return safe-harbour window.

Section 477 [old Section 276BB] — prosecution for failure to pay TCS

Section 477 was substituted in parallel by Finance Act 2026 (w.e.f. 1 April 2026). The architecture mirrors Section 476:

  • Section 477(1)(a) — failure to pay tax collected at source as required under Section 397(3)(a). Punishment scale: (a) >₹50 L = simple imprisonment up to 2 years or fine or both; (b) ₹10-50 L = up to 6 months or fine or both; (c) otherwise = fine only.
  • Section 477(2) — same safe harbour: no prosecution if the collected tax is paid before the Section 397(3)(b) statement due date.

The pre-substitution regime read identically to old Section 276BB: rigorous imprisonment from 3 months to 7 years, plus fine. Same liberalisation logic: simple instead of rigorous, low-quantum tier carries no imprisonment, upper tier capped at 2 years.

Responding to a TRACES default notice

When a Form 138 / 140 / 144 return is processed and a default is flagged, TRACES (transitioning to TRACES 2.0) generates a Justification Report (the line-item breakdown of the default). The deductor downloads it, identifies the specific defect (short-deduction, short-payment, late-payment interest, PAN mismatch), files a correction return to fix the defect, and pays any residual interest / fee / penalty via Challan 281 with the appropriate minor head. Most defaults can be cleared in a single correction cycle if attended to within 30 days of the notice.


TRACES 2.0

TRACES 2.0 — what changed in the new portal

Why TRACES 2.0 was introduced

The legacy TRACES portal — operational from 2012-13 — had crossed its useful life. CBDT's TRACES 2.0 was launched on 1 April 2026, the same date as the Income Tax Act 2025 came into force, modernising the deductor / deductee compliance experience by converging the legacy TRACES, the e-Filing portal, and the NSDL / Protean upload flows into a single dashboard with an integrated login flow that uses the same credentials as the e-Filing portal (the old TAN + password + image-CAPTCHA route is replaced; the integration is operationally equivalent to single-sign-on for most practitioners, though CBDT has not formally documented it as SSO). CPC(TDS) Notification No. 01/2026 dated 28 March 2026 (effective 1 April 2026) — operationally tied to TRACES 2.0 but distinct from its launch — sets the procedure, formats, and standards for Form 121 UIN generation and Part-B furnishing under Section 393(6) and Section 393(7); it does not itself launch the portal.

New features for deductors and deductees

For deductors: a single dashboard showing all TANs, integrated TDS/TCS rate charts for FY 2026-27, open defaults, pending corrections, and a one-click OLTAS-challan-status enquiry. For deductees: an integrated Form 168 (replacing old Form 26AS) view with AIS / TIS reconciliation built in. Specific features such as in-portal mismatch flags, mobile-app rollout, and regional-language coverage are part of the announced CBDT roadmap; the deductor / deductee should confirm current availability against the live portal.

Table J.1 — TRACES legacy vs TRACES 2.0 key differences
FeatureLegacy TRACES (2013–2026)TRACES 2.0 (2026 onwards)
LoginSeparate TAN + password + image CAPTCHAIntegrated login flow — same credentials as e-Filing portal (operationally equivalent to SSO)
DashboardPer-TAN, single-tenantMulti-TAN
Default noticesEmail + TRACES inboxEmail + TRACES 2.0 + e-Filing inbox
Form 168 viewRedirected to incometax.gov.inIntegrated in-portal
GrievanceSeparate e-nivaran loginAccessible from the relevant dashboard / default row
Correction return submission.fvu upload via separate workflowPortal-based correction workflow from the dashboard
LanguageEnglish, HindiEnglish, Hindi (regional-language coverage on announced CBDT roadmap; check live portal)
Mobile appNoNot confirmed on live portal; CBDT roadmap mentions app rollout
Migration runs through FY 2026-27. Legacy URLs currently redirect to the new portal; CBDT has not notified a formal sunset date — confirm against the live portal.

Migration timeline and login changes

Migration is staggered through 2026. Existing TRACES sessions remain valid throughout the transition window; deductors should expect a forced password reset on first TRACES 2.0 login. Saved bookmarks to specific legacy URLs (tdscpc.gov.in/...) currently redirect to the new portal — the formal sunset date for the legacy URLs has not been notified by CBDT at the time of writing; deductors should rebuild bookmarks against the live traces.tdscpc.gov.in paths.

Where to find justification reports, conso files, challan-status enquiry

Same locations as legacy TRACES, but with renamed menu paths: Defaults → Request for Justification Report; Statements / Payments → Request Conso File; Statements / Payments → Challan Status. The Conso File (consolidated statement of all returns filed for a quarter) is required input for any correction return in Form 138 / 140 / 144 / 143.


Calendar

The 12-month TDS compliance calendar for FY 2026-27

The single best operational habit a deductor can build is to lock the year's deposit and return-filing dates into the corporate calendar in April. The sequence below is the locked schedule for FY 2026-27.

Month-by-month TDS compliance calendar, FY 2026-27

  1. Deposit TDS for April 2026

    Section 397(3)

  2. Deposit TDS for May 2026

    Section 397(3)

  3. Issue Form 130 (salary) for FY 2025-26

    Section 395(4) + Rule 215

  4. First instalment of advance tax (15%)

    Section 408 [old Section 211]

  5. Deposit TDS for June 2026

    Section 397(3)

  6. File Form 138 / 140 / 143 / 144 (Q1 returns — all forms uniform under Rule 219(4))

    Section 397(3)(b) + Rule 219(4)

  7. Deposit TDS for July 2026

    Section 397(3)

  8. Issue Form 131 for Q1 (within the Rule 215 prescribed time)

    Rules 2026

  9. Deposit TDS for August 2026

    Section 397(3)

  10. Second instalment of advance tax (45% cumulative)

    Section 408 [old Section 211]

  11. Deposit TDS for September 2026

    Section 397(3)

  12. File Form 138 / 140 / 143 / 144 (Q2 returns)

    Section 397(3)(b) + Rule 219(4)

  13. Deposit TDS for October 2026

    Section 397(3)

  14. Issue Form 131 for Q2

    Rules 2026

  15. Deposit TDS for November 2026

    Section 397(3)

  16. Third instalment of advance tax (75% cumulative)

    Section 408 [old Section 211]

  17. Deposit TDS for December 2026

    Section 397(3)

  18. File Form 138 / 140 / 143 / 144 (Q3 returns)

    Section 397(3)(b) + Rule 219(4)

  19. Deposit TDS for January 2027

    Section 397(3)

  20. Issue Form 131 for Q3

    Rules 2026

  21. Deposit TDS for February 2027

    Section 397(3)

  22. Final instalment of advance tax (100% cumulative)

    Section 408 [old Section 211]

  23. Deposit TDS for March 2027

    30 Apr for non-government deductors; 7 Apr for government deductors with challan; same day for book-entry (Section 397(3))

  24. File Form 138 / 140 / 143 / 144 (Q4 returns)

    Section 397(3)(b) + Rule 219(4)

  25. Issue Form 130 (full-year salary) and Form 131 (Q4 non-salary)

    Rules 2026

How to set up alerts

A working alert system has three layers that reinforce each other. The first is calendar reminders set 7 days, 3 days, and 1 day before each due date, with the ledger-owner tagged on the reminder. The second is an internal SLA committing the finance team to close the previous month's deduction reconciliation by the 3rd of each month, leaving four clear days to prepare and deposit the challan. The third is a monthly calendar-sweep call between the deductor's compliance lead and their CA on the last working day of the month, where any imminent return-filing or certificate-issuance task gets flagged.


FAQ

Frequently asked questions about TDS

1. What is the difference between TDS and TCS?

TDS is withheld by the payer from an outgoing payment under Sections 392 [old Sections 192, 192A] and 393 [old Sections 193, 194–194T, 195–196D, 197A] of the Income Tax Act 2025. TCS is added by the seller to an incoming receipt under Section 394 [old Section 206C] — see our TCS on Foreign Remittance guide for the foreign-remittance-specific rates. The mechanic is opposite, but both are pre-paid taxes credited to the deductee / collectee against final liability.

2. Who is required to deduct TDS?

Every business subject to tax audit under Section 63 [old Section 44AB], every company, every firm, every LLP, every AOP / BOI / AJP, every government office, and — for specific payments such as property purchase under Section 393(1) Sl. 3(i) [old Section 194-IA], rent under Section 393(1) Sl. 2(i) [old Section 194-IB], or large contract / professional payments under Section 393(1) Sl. 6(ii) [old Section 194M] — even individuals and HUFs not subject to audit. The triggering payment-type, not the payer's status, is what makes someone a deductor.

3. What is the TDS rate for FY 2026-27 on salary?

Salary TDS under Section 392 [old Section 192] is computed at slab rates applied to the employee's annual taxable salary. The default regime for FY 2026-27 is the new regime under Section 202 [old Section 115BAC], with tax-free income up to ₹4,00,000 and slabs of 5% / 10% / 15% / 20% / 25% / 30% (₹4–8L / ₹8–12L / ₹12–16L / ₹16–20L / ₹20–24L / above ₹24L respectively, per the Section 202(1) Table). This slab structure was enacted by the Finance Act 2025 (Budget February 2025) amending the then old Section 115BAC and was carried into Section 202 of the Act 2025 as enacted. The Finance Act 2026 made no change to the Section 202(1) slab structure — the Memorandum to Finance Bill 2026 confirms tax rates for AY 2026-27 are unchanged from AY 2025-26. An employee can opt out into the old regime via the Section 202(4) procedure with the employer at the start of the tax year.

4. What is the TDS rate for FY 2026-27 on professional fees?

Section 393(1) Sl. 6(iii) [old Section 194J] applies. Sub-clause (a) — fees for technical services, royalty for cinematograph films, and call-centre operations — at 2%. Sub-clause (b) — fees for professional services, sums referred to in Section 26(2)(h), and director remuneration (other than salary under Section 392) — at 10%. Threshold: ₹50,000 per payee per tax year for fees under (a) and (b); Nil threshold for director remuneration (TDS triggers from the first rupee). No-PAN higher rate under Section 397(2)(b)(i)(C): 20% (the higher of Act rate, rate in force, or 20% — note the special 5% floor under Section 397(2)(b)(i)(C) applies only to Section 393(1) Sl. 8(ii) [Section 194Q goods purchase] and Sl. 8(v) [Section 194-O e-commerce], not to professional fees).

5. How do I get a TAN?

File Form 134 (Government deductors) / Form 135 (other deductors), per Rule 216 at the Protean (NSDL) TAN portal or at any TIN Facilitation Centre. Pay the prescribed processing fee online. The TAN allotment letter typically arrives by post in 7–10 working days; the digital allotment can be downloaded from the portal in 3–5 working days.

6. What is Form 168 and how is it different from AIS?

Form 168 (the Income Tax Act 2025 Section 510 [old Section 285BB] successor to old Form 26AS) is the consolidated statement of all TDS / TCS / advance-tax / self-assessment-tax / refund / SFT entries against your PAN. The Annual Information Statement (AIS) is the wider information dossier that includes Form 168 plus reportable financial transactions. The Taxpayer Information Summary (TIS) is the AIS aggregated category-wise. All three are visible on the e-Filing portal.

7. Can I claim a TDS refund if my income is below the taxable limit?

Yes. File your ITR claiming the TDS as pre-paid tax. If your total liability is less than the TDS deducted, the residual is refunded directly to your pre-validated bank account, typically within 20–45 days of return processing. To prevent the deduction in the future, file Form 121 (the consolidated successor to old Forms 15G / 15H) with each deductor in April of the next tax year.

8. What happens if my deductor doesn't deposit my TDS?

The law shields you: under Section 401 [old Section 205], the Income-tax Department cannot recover the TDS amount from you even if your deductor failed to deposit it (so long as you have the deductor's certificate evidencing the deduction). Practically: chase the deductor first; file a TRACES grievance; if unresolved, attach a copy of your TDS certificate to your ITR and claim credit, then escalate to the Assessing Officer with a Section 401 plea.

9. How do I file Form 121 (15G or 15H)?

Most banks now accept Form 121 through their net-banking portal — log in, navigate to the bank's tax-declaration menu, fill the estimated income, age band, and PAN, and e-submit. For FY 2026-27, the bank uploads the consolidated declarations to the prescribed income-tax authority under Section 393(7) on a MONTHLY cycle — by the 7th of the month following the month in which the declaration is furnished (the same rhythm that ran under old Rule 31A(4A) of the 1961 framework). The Finance Act 2026 has substituted Section 393(7) to provide a quarterly upload regime, but that substitution is effective only from 1 April 2027 (Tax Year 2027-28) — for FY 2026-27 the monthly upload regime governs. For physical submission, download Form 121 from the Income-tax portal, fill it in duplicate, and submit at the deductor's branch.

10. Is Form 146 (CA certificate) mandatory for foreign remittances?

Form 146 (the Rules-2026 successor to old Form 15CB, prescribed under Rule 220) is required in Part C of Form 145 when (a) the remittance is chargeable to tax in India, and (b) the aggregate taxable remittance during the tax year exceeds ₹5 lakh and no certificate under Section 395 has been obtained from the Assessing Officer. Form 145 (old 15CA, also under Rule 220) is required for almost every foreign remittance, with limited exceptions (specified personal remittances, certain remittances to relatives). The full filing procedure, thresholds, and exclusions are documented in our dedicated Form 145 / 146 guide.

11. When does the new Income Tax Act 2025 take effect?

1 April 2026 — the start of Tax Year 2026-27. Every TDS deduction made on or after 1 April 2026 is governed by the Act 2025 and the Income Tax Rules 2026. Deductions made up to and including 31 March 2026 continue under the Income Tax Act 1961 and Rules 1962, with savings preserved by Section 536 [old Section 297] of the Act 2025.

12. Where can I see all the changes from the 1961 Act to the 2025 Act?

You can check the section by section mapping of Income Tax Act, 1961 to Income Tax Act, 2025 at the compare tab of this tool provided by the income tax department. Similarly, you can check the rules by rules mapping of Income Tax Rules, 1962 to Income Tax Rules, 2026 at the compare tab of this tool provided by the income tax department.


Go deeper on a specific topic

This guide is the overview. Detailed compliance guides for each area below will publish through FY 2026-27.


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