Income Tax
TDS Section Crosswalk: Old 194 Sections to Sections 392, 393 and 394 of the Income-tax Act, 2025
Every familiar TDS section mapped to the provision that actually governs a deduction made today, with rates, thresholds, payer categories and the exemptions that sit outside the rate table.
On this page
- Quick answer
- Who this page is for
- The one rule that decides which Act applies
- How the new Act is organised
- Why the old labels survive but no longer govern
- The crosswalk
- Salary — section 392
- Payments to a resident — section 393(1)
- Payments to any person — section 393(3)
- Payments to a non-resident — section 393(2)
- Tax collection at source — section 394
- Reverse lookup — new provision to old label
- Machinery sections
- What has NOT changed — say this out loud to your team
- The trap nobody warns you about: thresholds outside the rate table
- Worked examples
- 1. A housekeeping contract that straddles the cut-off
- 2. Commission at the threshold
- 3. Purchase of goods, where the base is not the whole amount
- 4. Rent, where the threshold is monthly
- 5. A small dividend to an individual shareholder
- What this means for your TDS returns
- Transition-period contracts: work done before, paid after
- Common mistakes
- When it goes wrong
- One dated change to diarise
- What we are not publishing, and why
- Sources and currency
Quick answer
For any payment credited or paid on or after 1 April 2026, TDS is governed by the Income-tax Act, 2025: salary by section 392, other specified payments by section 393, and tax collection at source by section 394. Rates and thresholds were carried across unchanged from the 1961 Act. What changed is the citation — quote the section 393 table item, not the old 194 number.
Who this page is for
Anyone who has to put a section number on a deduction: an accounts-payable clerk choosing a code in the ERP, a finance controller signing off a quarterly statement, a founder checking whether their bookkeeper has caught up. It is written as a lookup table you come back to, not as an explainer you read once.
If you want the wider picture first — what the new Act is, and why the assessment year and the tax year are not the same thing — start with our guide to the Income-tax Act, 2025 for business owners and come back here for the numbers.
The one rule that decides which Act applies
There is only one test, and it is the same test that has always decided when TDS falls due. Section 393(1)(c) of the Income-tax Act, 2025 requires deduction:
at the time of credit of such income or sum to the account of the payee or at the time of its payment in cash or by way of a cheque or a draft or by any other mode, whichever is earlier
So the question is never "when was the invoice dated" or "when did we approve it". It is: which came first, the credit or the payment, and did that event fall on or after 1 April 2026?
The Income Tax Department puts it in exactly these terms in its deductor guidance: if the earlier of credit or payment happens on or before 31 March 2026 the 1961 Act applies, and if it happens on or after 1 April 2026 the Income-tax Act, 2025 applies. Section 394(1)(c) applies the mirror-image test to collections — the earlier of debiting the buyer's account or receiving the amount.
Two practical consequences follow, and they trip people up in opposite directions:
- A March 2026 provision entry that credits a vendor's account is an old-Act deduction, even if the payment clears in May.
- An advance paid in April 2026 against a contract signed in 2024 is a new-Act deduction, because payment came first and it came after the cut-off.
How the new Act is organised
A common shorthand says the 2025 Act "consolidated TDS into section 393". That is not quite right, and the imprecision costs you if you are trying to find a provision.
| Provision | What it covers | Replaces, broadly |
|---|---|---|
| Section 392 | Deduction from income chargeable under the head Salaries, at the average rate; employer-borne tax on non-monetary perquisites; start-up ESOP deferral; provident fund payouts | s.192, s.192A, s.192(1A) to (2D) |
| Section 393 | All other specified deductions, in four tables: (1) payments to a resident, (2) payments to a non-resident, (3) payments to any person, (4) cases where no deduction is to be made | The whole 193 to 196D family |
| Section 394 | Tax collection at source, in a single nine-row table | s.206C |
| Section 397 | TAN, the no-PAN higher rate, payment to the credit of the Government, statements and correction statements | s.203A, s.206AA, s.206CC, s.200, s.206C(3) |
Salary sits outside section 393 entirely, and so does TCS. If your internal note says "everything is 393 now", the payroll team and the scrap-sales team will both go looking in the wrong place.
Within section 393 the tables are addressed by serial number, so a full citation looks like section 393(1), Table serial number 6(i) — sub-section, table, serial number, sub-item. The Department's own worked example uses that form.
Why the old labels survive but no longer govern
"194C" is not wrong the way a misspelling is wrong. It is out of date for a current deduction, and precisely correct for an old one.
The labels survive for three honest reasons. They are how the profession talks. They are how every contract, purchase order and vendor-onboarding form drafted before 2026 describes the deduction. And they are still the operative citation for every deduction made up to 31 March 2026, which will remain assessable, correctable and litigable for years.
What they no longer do is govern. For a deduction on or after 1 April 2026 the operative provision is the section 393 table item, and the Department warns that quoting the old number instead may produce processing errors when the statement is filed.
The practical house style, and the one the Department itself uses, is to lead with the new citation and keep the old label as an alias: commission or brokerage — section 393(1), Table serial number 1(ii), formerly section 194H. Nobody has to relearn their vocabulary, and the compliance record still carries the right citation. Our own TDS calculator labels its sections that way for the same reason.
The crosswalk
Every row below was read from the Income-tax Act, 2025 as published in the Gazette of India on 21 August 2025, and from the Finance Act, 2026 where that Act amended it. This is our derivation from the bare Act, not an official concordance — the Department has not published a complete mapping table, and any page presenting one as official is overstating it. Each row is cited so you can check it yourself.
Salary — section 392
| Old section | New provision | What it covers |
|---|---|---|
| 192 | s.392(1) | Deduction from salary at the average rate of income-tax on estimated income for the tax year |
| 192(1A), (1B) | s.392(2) | Employer's option to bear tax on a non-monetary perquisite, at the average rate |
| 192(1C) | s.392(3) | Eligible start-up, deferred tax on specified security or sweat equity |
| 192(2), (2B) | s.392(4) | Particulars from other employers; permitted set-off of a house-property loss |
| 192(2C), (2D) | s.392(5) | Perquisite statement; evidence of claims |
| 192A | s.392(7) | Accumulated EPF balance — 10% where the payment is ₹50,000 or more and the balance is taxable |
There is no threshold table for salary. The obligation is to estimate the year's salary income and deduct the average rate across the year, exactly as before. If your payroll runs monthly, the change is a label change. Our TDS on salary page walks through the estimate.
Payments to a resident — section 393(1)
The main table. Rate and threshold are as they stand for tax year 2026-27.
| Old section | New citation — s.393(1) Table | Rate | Threshold |
|---|---|---|---|
| 194D — insurance commission | Sl. No. 1(i) | Rates in force (2% for a resident non-company payee) | ₹20,000 |
| 194H — commission or brokerage | Sl. No. 1(ii) | 2% | ₹20,000 |
| 194-IB — rent paid by a non-specified payer | Sl. No. 2(i) | 2% | ₹50,000 for a month or part of a month |
| 194-I — rent paid by a specified person | Sl. No. 2(ii) | 2% for plant, machinery or equipment; 10% for land, building, furniture or fittings | ₹50,000 for a month or part of a month |
| 194-IA — transfer of immovable property | Sl. No. 3(i) | 1% of consideration or stamp duty value, whichever is higher | ₹50 lakh, aggregating all transferees and transferors |
| 194-IC — joint development agreement | Sl. No. 3(ii) | 10% | Nil |
| 194LA — compensation on compulsory acquisition | Sl. No. 3(iii) | 10% | ₹5,00,000 |
| 194K — mutual fund and specified undertaking units | Sl. No. 4(i) | 10% | ₹10,000 |
| 194LBA — business trust to unitholder | Sl. No. 4(ii) | 10% | Nil |
| 194LBB — investment fund to unitholder | Sl. No. 4(iii) | 10% | Nil |
| 194LBC — securitisation trust to investor | Sl. No. 4(iv) | 10% | Nil |
| 193 — interest on securities | Sl. No. 5(i) | Rates in force (10%) | ₹10,000 |
| 194A — interest paid by a bank, co-operative bank or post office | Sl. No. 5(ii) | Rates in force (10%) | ₹1,00,000 for a senior citizen; ₹50,000 otherwise |
| 194A — interest paid by other specified persons | Sl. No. 5(iii) | Rates in force (10%) | ₹10,000 |
| 194C — contractor paid by a designated person | Sl. No. 6(i) | 1% if the contractor is an individual or HUF; 2% otherwise | ₹30,000 for a single sum, or ₹1,00,000 in aggregate for the tax year |
| 194M — contract, professional or commission payment by a small individual or HUF | Sl. No. 6(ii) | 2% | ₹50 lakh |
| 194J — professional and technical fees, director's fees, royalty | Sl. No. 6(iii) | 2% for technical services that are not professional services, film royalty, or a payee running only a call centre; 10% otherwise | ₹50,000 — but nil for a director's remuneration, fees or commission |
| 194 — dividend | Sl. No. 7 | 10% (rates in force) | Nil in the rate table — see the trap below |
| 194DA — life insurance policy proceeds | Sl. No. 8(i) | 2% of the income comprised in the sum | ₹1,00,000 |
| 194Q — purchase of goods | Sl. No. 8(ii) | 0.1% | Deduct only on the sum exceeding ₹50 lakh |
| 194P — specified senior citizen | Sl. No. 8(iii) | Rates in force | As applicable |
| 194R — benefit or perquisite from business or profession | Sl. No. 8(iv) | 10% of the value | ₹20,000 |
| 194-O — e-commerce operator to participant | Sl. No. 8(v) | 0.1% of the gross amount | Nil in the rate table — see the trap below |
| 194S — virtual digital asset | Sl. No. 8(vi) | 1% | Nil in the rate table — see the trap below |
Payments to any person — section 393(3)
| Old section | New citation — s.393(3) Table | Rate | Threshold |
|---|---|---|---|
| 194B — lottery, crossword, card games, gambling or betting | Sl. No. 1 | Rates in force (30%) | ₹10,000 for a single transaction |
| 194BA — online games | Sl. No. 2 | Rates in force (30%) | On net winnings in the user account |
| 194BB — horse race winnings | Sl. No. 3 | Rates in force (30%) | ₹10,000 for a single transaction |
| 194G — commission on lottery tickets | Sl. No. 4 | 2% | ₹20,000 |
| 194N — cash withdrawal | Sl. No. 5 | 2% | ₹3 crore for a co-operative society; ₹1 crore otherwise |
| 194EE — National Savings Scheme deposits | Sl. No. 6 | 10% | ₹2,500 |
| 194T — salary, remuneration, commission, bonus or interest paid to a partner | Sl. No. 7 | 10% | ₹20,000 |
Section 393(3), serial number 7 is the provision most likely to catch a firm out, because it is recent in substance as well as in numbering. A firm paying its partners remuneration or interest deducts 10% once the aggregate for the tax year passes ₹20,000, including amounts merely credited to a partner's capital account. Firms filing at partnership firm ITR or LLP ITR should check their partner ledgers before the first quarterly statement.
Payments to a non-resident — section 393(2)
Seventeen serial numbers, and they interact with treaty rates under section 159, so they are not reducible to a single table you can apply without advice. The one item to know by heart is the residual: section 393(2), Table serial number 17, the old section 195, covering interest and
any other sum chargeable under the provisions of this Act, not being income chargeable under the head "Salaries"
paid to any non-resident or foreign company, at rates in force. It is the provision behind most remittance certificates, and it is the reason Form 15CA and 15CB support exists as a service at all.
Tax collection at source — section 394
Read this table even if you read nothing else, because this is where the numbers actually moved. The Finance Act, 2026 amended six of the nine rows, with effect from 1 April 2026.
| Old provision | New citation — s.394(1) Table | Rate as enacted in 2025 | Rate from 1 April 2026 |
|---|---|---|---|
| 206C — alcoholic liquor for human consumption | Sl. No. 1 | 1% | 2% |
| 206C — tendu leaves | Sl. No. 2 | 5% | 2% |
| 206C — timber and other forest produce | Sl. No. 3 | 2% | 2%, unchanged |
| 206C — scrap | Sl. No. 4 | 1% | 2% |
| 206C — coal, lignite, iron ore | Sl. No. 5 | 1% | 2% |
| 206C(1F) — motor vehicle or notified goods above ₹10 lakh | Sl. No. 6 | 1% | 1%, unchanged |
| 206C(1G) — remittance under the Liberalised Remittance Scheme above ₹10 lakh | Sl. No. 7 | 5% for education or medical treatment; 20% otherwise | 2% for education or medical treatment; 20% otherwise |
| 206C(1G) — overseas tour programme package | Sl. No. 8 | 5% up to ₹10 lakh; 20% above | 2%, replacing both slabs |
| 206C(1C) — parking lot, toll plaza, mine or quarry | Sl. No. 9 | 2% | 2%, unchanged |
Two notes worth carrying into your masters. A scrap seller who has been collecting 1% for years is now collecting 2%, and nothing about the change announces itself in the section number. And the old section 206C(1H) collection on sale of goods above ₹50 lakh has no successor anywhere in section 394 — it was dropped before the new Act took effect and did not come across.
Reverse lookup — new provision to old label
If you are working from a certificate, a credit statement or a colleague's note that quotes only the new citation, read this the other way.
| New citation | Old label | New citation | Old label |
|---|---|---|---|
| s.393(1) 1(i) | 194D | s.393(1) 6(i) | 194C |
| s.393(1) 1(ii) | 194H | s.393(1) 6(ii) | 194M |
| s.393(1) 2(i) | 194-IB | s.393(1) 6(iii) | 194J |
| s.393(1) 2(ii) | 194-I | s.393(1) 7 | 194 |
| s.393(1) 3(i) | 194-IA | s.393(1) 8(i) | 194DA |
| s.393(1) 3(ii) | 194-IC | s.393(1) 8(ii) | 194Q |
| s.393(1) 3(iii) | 194LA | s.393(1) 8(iii) | 194P |
| s.393(1) 4(i) | 194K | s.393(1) 8(iv) | 194R |
| s.393(1) 4(ii) to 4(iv) | 194LBA, 194LBB, 194LBC | s.393(1) 8(v) | 194-O |
| s.393(1) 5(i) | 193 | s.393(1) 8(vi) | 194S |
| s.393(1) 5(ii), 5(iii) | 194A | s.393(2) 17 | 195 |
| s.393(3) 1 to 3 | 194B, 194BA, 194BB | s.393(3) 5 | 194N |
| s.393(3) 4 | 194G | s.393(3) 7 | 194T |
| s.392 | 192 and 192A | s.394 | 206C |
Machinery sections
| Old section | New section | Subject |
|---|---|---|
| 197 | s.395 | Certificate for lower or nil deduction |
| 198 | s.396 | Tax deducted deemed to be income received |
| 203A | s.397(1) | TAN |
| 206AA, 206CC | s.397(2) | Consequence of no PAN |
| 200, 206C(3) | s.397(3) | Deposit to the Government, statements, correction statements |
| 201, 201(1A) | s.398 | Assessee in default, interest, limitation |
| 200A, 206CB | s.399 | Processing of statements |
| 205 | s.401 | Bar on direct demand where tax has been deducted |
| Definitions | s.402 | Specified person, designated person, buyer, seller, work |
What has NOT changed — say this out loud to your team
This is the most reassuring fact available, and it is worth stating plainly because most of the anxiety around the new Act comes from assuming otherwise.
TDS rates and monetary thresholds were retained. The Income Tax Department states it directly: the rates and thresholds for all categories of payments have been retained as they were under the 1961 Act, and the consolidation under section 393 is a tabular presentation, not a change in rates or tax policy. You do not have to take that on trust either — every rate and threshold in the tables above was read off the section 393 tables in the gazette, so any row can be checked against the Act itself.
Also unchanged:
- The trigger. Earlier of credit or payment, under section 393(1)(c) — the same test the profession has always applied.
- The interest for default. 1% a month or part month from the date tax was deductible to the date it was deducted, and 1.5% a month or part month from deduction to actual payment, under section 398(3)(a).
- The late-statement fee. ₹200 a day, capped at the tax deductible or collectible, under section 427.
- Surcharge is not added to a resident TDS rate. The surcharge table in Part II of the First Schedule to the Finance Act, 2026 applies only where the payee is a non-resident.
- Who is a "specified person". Section 402(37): any person other than an individual or HUF, or an individual or HUF whose sales, gross receipts or turnover exceeded ₹1 crore for a business or ₹50 lakh for a profession in the immediately preceding tax year.
The trap nobody warns you about: thresholds outside the rate table
Under the 1961 Act, most exemptions lived as provisos attached to the section they qualified. The 2025 Act pulled them out into a separate table — section 393(4), "For no deduction at source". The rate table and the exemption table are read together.
If you build a payables rule from the section 393(1) rate table alone, you will over-deduct, because three common items show a nil threshold there and carry their real carve-out in section 393(4).
| Payment | Rate table says | Where the exemption actually lives |
|---|---|---|
| Dividend, s.393(1) Sl. No. 7 | Threshold: nil | s.393(4) Sl. No. 10(f) — no deduction where the shareholder is an individual, the dividend is paid other than in cash, and the amount for the tax year does not exceed ₹10,000 |
| E-commerce operator to participant, s.393(1) Sl. No. 8(v) | Threshold: nil | s.393(4) Sl. No. 11 — no deduction where the participant is an individual or HUF, gross sales and services for the tax year do not exceed ₹5,00,000, and PAN or Aadhaar has been furnished |
| Virtual digital asset, s.393(1) Sl. No. 8(vi) | Threshold: nil | s.393(4) Sl. No. 12 — no deduction where consideration for the tax year does not exceed ₹50,000 for a small individual or HUF, or ₹10,000 for anyone else |
Section 393(4) also carries narrower carve-outs worth knowing: commission paid by BSNL or MTNL to public call office franchisees, and compensation exempt under section 96 of the land acquisition Act of 2013.
Worked examples
Assumptions stated in each case: the payee is resident, has furnished a valid PAN, holds no lower-deduction certificate under section 395, and the payer is a company and therefore a specified person and a designated person.
1. A housekeeping contract that straddles the cut-off
A company has a monthly housekeeping contract with a services firm at ₹40,000 a month. March 2026 charges are credited to the vendor's account on 31 March 2026; April charges are credited on 30 April 2026.
- March. The earlier event is credit, on 31 March 2026. Old Act. Deduct under section 194C at 2%, being ₹800, and report it on the old-Act statement for the quarter ended 31 March 2026.
- April. Credit on 30 April 2026. New Act. Deduct under section 393(1), Table serial number 6(i) at 2%, being ₹800, and quote the new citation.
Same money, same rate, two different statutes and two different citations. The Department's guidance uses this exact fact pattern.
2. Commission at the threshold
A company pays a resident agent ₹1,00,000 of commission in June 2026, the first payment of the year.
The aggregate crosses the ₹20,000 threshold, so tax is deducted on the entire amount, not on the excess. At 2% under section 393(1), Table serial number 1(ii), that is ₹2,000. Net payment ₹98,000.
Had the year's commission stopped at ₹19,000, no deduction would arise at all. The threshold is a cliff, not an allowance, and the moment the aggregate crosses it the whole amount comes into charge.
3. Purchase of goods, where the base is not the whole amount
A buyer with turnover above ₹10 crore in the preceding tax year buys ₹60,00,000 of goods from a resident supplier during tax year 2026-27.
Under section 393(1), Table serial number 8(ii) the rate is 0.1%, and Note 1(b) applies it only to the sum exceeding ₹50 lakh. Tax is 0.1% of ₹10,00,000, which is ₹1,000 — not 0.1% of ₹60,00,000.
Now suppose the supplier has not furnished a PAN. Section 397(2)(b)(i) sets the floor at 5% for this item, not the usual 20%. Tax becomes 5% of ₹10,00,000, which is ₹50,000. A tool that applies a blanket 20% would compute ₹2,00,000 and over-deduct fourfold.
4. Rent, where the threshold is monthly
A company pays ₹45,000 a month for office premises, ₹5,40,000 across the year.
Under section 393(1), Table serial number 2(ii) the threshold is ₹50,000 for a month or part of a month. At ₹45,000 a month no single month crosses it, so no deduction arises, even though ₹5,40,000 has gone out over the year. Raise the rent to ₹52,000 and deduction begins, at 10% for building rent. Reading that threshold as an annual figure is one of the easiest ways to get this wrong in either direction.
5. A small dividend to an individual shareholder
A private limited company declares ₹9,000 of dividend to an individual shareholder and pays it by bank transfer.
The rate table shows a nil threshold, which reads as "deduct from the first rupee". It is not the whole rule. Section 393(4), serial number 10(f) provides for no deduction where the shareholder is an individual, payment is by a mode other than cash, and the amount for the tax year does not exceed ₹10,000. No deduction. Pay ₹9,000.
Declare a further ₹4,000 later in the same tax year and the aggregate passes ₹10,000, at which point deduction at 10% applies under serial number 7.
What this means for your TDS returns
The statement obligation is in section 397(3)(b): after paying the tax to the credit of the Central Government, deliver a statement in the prescribed form, within the prescribed time. Forms and dates are set by the rules rather than by the Act, so check the current form on the e-filing portal rather than relying on any article, including this one.
Four things do change in practice.
- Quote the new citation for new-Act deductions. The Department's warning is explicit: citing the old section number rather than the section 393 table item may lead to processing errors at the time of filing.
- Old periods stay on the old framework. Revised and correction statements for periods governed by the 1961 Act continue to be filed under the old framework. You are not expected to restate a 2025-26 quarter into new section numbers.
- The correction window is two years. Section 397(3)(f) allows a correction statement within two years from the end of the tax year in which the statement was due — and it expressly extends to statements filed under section 200 of the 1961 Act, so old-Act statements are correctable on the same footing.
- Challan-cum-statement filings follow the same date rule. For a transaction where credit or payment fell on or after 1 April 2026, the challan-cum-statement is filed under the new Act.
For the quarter-by-quarter mechanics, our guide to filing TDS returns covers the operational side; if you would rather not run it in-house, we file them for you.
Transition-period contracts: work done before, paid after
The date the work was performed is irrelevant. Only credit and payment matter.
- Retention money released in July 2026 on a project completed in January 2026 is a new-Act deduction if the retention was never credited to the contractor's account earlier. If it was credited when the invoice was booked, the old Act governs and the release is only a cash movement.
- Year-end provisions made on 31 March 2026 for services received but not invoiced are old-Act deductions, because a provision credited to a payee's account is a credit. Provisions credited to a general "expenses payable" account rather than to an identified payee are a long-standing grey area; do not assume the Act's change alters your existing position on it, and take advice if the amounts are material.
- Advances paid on or after 1 April 2026 are new-Act deductions even under a contract signed years earlier.
- Lower or nil deduction certificates are granted under section 395 of the new Act. A certificate issued under section 197 of the 1961 Act relates to the old regime; section 536(2)(j) preserves things done under the repealed Act so far as they are not inconsistent, but do not treat that as settled for a certificate that spans the cut-off. Confirm the position with the assessing officer before relying on an old certificate for a post-April deduction.
Common mistakes
- Applying 20% for a missing PAN across the board. Section 397(2) sets a 5% floor for purchases of goods and e-commerce payments. For collection at source, the higher rate is capped at 20%.
- Charging TDS on the excess over the threshold. Except for purchases of goods, tax is on the entire amount once the threshold is crossed. Section 393(1)(a) says so in terms.
- Using one 10% rate for everything under section 393(1) Sl. No. 6(iii). Technical services that are not professional services, film royalty and call-centre payees are at 2%. A director's fee has no threshold at all.
- Treating rent's threshold as annual. It is per month or part of a month.
- Forgetting the specified-person test. An individual or HUF below the ₹1 crore or ₹50 lakh turnover test does not deduct under Sl. No. 1(ii), 2(ii) or 6(iii) at all. For contract, professional and commission payments they fall instead under Sl. No. 6(ii) at 2% above ₹50 lakh, and for rent under Sl. No. 2(i) at 2% above ₹50,000 a month.
- Assuming TCS was left alone. Six of the nine rows moved on 1 April 2026.
- Leaving old section codes in vendor masters. The master is what the ERP writes into the statement.
When it goes wrong
| Failure | Provision | Consequence |
|---|---|---|
| Did not deduct, or deducted and did not pay | s.398(1) | Deemed an assessee in default |
| Interest | s.398(3)(a) | 1% a month or part month from the date deductible to the date deducted; 1.5% a month or part month from deduction to payment |
| Payee has filed and paid the tax | s.398(2) | Not deemed in default, on an accountant's certificate in the prescribed form; interest still runs to the date the payee filed |
| Time limit to be treated as in default | s.398(5) | Six years from the end of the tax year in which tax was deductible, or two years from the end of the tax year in which a correction statement is delivered, whichever is later |
| Late statement | s.427 | ₹200 a day, capped at the tax deductible or collectible |
| Late or incorrect statement — penalty | s.461 | ₹10,000 to ₹1,00,000; no penalty for delay where tax, fee and interest were paid and the statement was delivered within one month of the due time |
| Expenditure disallowed — resident payee | s.35(b)(i) | 30% of the sum disallowed, allowed back in the tax year the tax is paid |
| Expenditure disallowed — non-resident payee | s.35(b)(ii) | 100% of the sum |
The disallowance is usually the expensive one. The Department's own illustration: ₹5 lakh of professional fees paid without deduction in tax year 2026-27 costs ₹1.5 lakh of disallowance under section 35(b) — on top of the tax, the interest and the fee. If your books are close to a tax audit threshold, that disallowance is what the auditor will find.
One dated change to diarise
Section 397(1)(c), as substituted by the Finance Act, 2026, takes effect on 1 October 2026. From that date a resident individual or HUF deducting tax on consideration for the transfer of immovable property bought from a non-resident — section 393(2), Table serial number 17 — no longer needs a TAN, and nor does a person deducting on a virtual digital asset transfer. Before that date the existing TAN requirement stands. If you have a property purchase from an NRI in the pipeline, the date you complete it changes what you have to register for.
What we are not publishing, and why
Several widely circulated pages carry tables of numeric payment codes for the new statements. We could not verify a single one of those codes against the gazette, the Act, or a published Department notification, and the tables in circulation do not agree with one another.
So we have left them out. A code you enter wrongly is not a cosmetic error — it lands in a statement, flows to the deductee's credit statement, and gets corrected at your cost. Take the code from the current utility or the portal's own form guidance at the time you file, and treat any code table you find in an article, this one included, as unverified until the Department publishes it.
For the same reason this page names no form numbers under the new Act. Forms are prescribed by rules, the rules were not part of what we could verify, and a wrong form number is worse than no form number.
Sources and currency
Applies to: Deductions and collections where the earlier of credit or payment falls on or after 1 April 2026 — tax year 2026-27 onward. For an earlier event, the Income-tax Act, 1961 still governs.
Every rate, threshold and citation on this page was read from the Gazette of India text of the Income-tax Act, 2025 and the Finance Act, 2026, and checked against the Income Tax Department's own deductor guidance, on 19 August 2026. The old-to-new mapping is MyFinancialAdvisory's derivation from the bare Act — the Department has not published a complete concordance. Income-tax provisions change at each Finance Act; confirm the current position before relying on a figure for a filing.
Frequently asked questions
Is section 194H still valid?
It governs deductions on payments made or credited up to 31 March 2026, and it stays valid for those. For a commission payment made or credited on or after 1 April 2026 the governing provision is section 393(1), Table serial number 1(ii), of the Income-tax Act, 2025. The rate is still 2% and the threshold is still ₹20,000 — only the citation changed.
Did TDS rates change under the Income-tax Act, 2025?
No. The Income Tax Department states that TDS rates and monetary thresholds for all categories of payments have been retained as they were under the 1961 Act, and reading the section 393 tables against the old rates confirms it. TCS is different: the Finance Act, 2026 changed six of the nine TCS rows in section 394, effective 1 April 2026.
Which Act applies to an invoice raised in March 2026 but paid in April 2026?
Whichever event came first decides. Section 393(1)(c) requires deduction at the time of credit to the payee's account or at the time of payment, whichever is earlier. If the invoice was credited to the vendor's account in your books in March 2026, the 1961 Act applies even though the money left in April. If nothing was credited until April, the 2025 Act applies.
Do I have to quote the new section number in my TDS return?
Yes, for deductions on or after 1 April 2026. The Income Tax Department warns that citing the old section number instead of the section 393 table item may cause processing errors when the TDS return is filed. Returns and corrections for periods governed by the 1961 Act continue under the old framework.
Where did section 206AA go?
The no-PAN rule is now section 397(2) of the Income-tax Act, 2025. It is not a flat 20%: tax is deducted at the higher of the rate in the relevant provision, the rates in force, or 5% for purchases of goods and e-commerce payments and 20% in any other case. For collection at source the higher rate is capped at 20%.
Is TDS on dividend really payable from the first rupee now?
No. The section 393(1) rate table shows a nil threshold for dividend, but the exemption was moved to a separate table. Section 393(4), serial number 10(f), provides for no deduction where the shareholder is an individual, the dividend is paid other than in cash, and the amount for the tax year does not exceed ₹10,000. The same pattern applies to e-commerce and virtual digital asset payments.
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Written by
MyFinancialAdvisory Editorial
Editorial guidance prepared for business owners and reviewed before production publication.
Written against official sources, with the governing rule named wherever a figure or deadline is given. General guidance — not advice on your specific case.
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Quarterly TDS returns, filed with the right citation
Deduction working, challan tracking and quarterly statements, with the section 393 table item quoted correctly for every payment.
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