From 1961 to 2025: Navigating the New Era of Indian TDS Compliance

The Income-tax Act, 2025: Converts section-based TDS to Table-based system (Clause 393) Rationalises thresholds Retains majority rates Clarifies TDS vs TCS hierarchy Introduces structural simplification

From 1961 to 2025: Navigating the New Era of Indian TDS Compliance

Introduction: The Great Tax Migration

For over six decades, the Income-tax Act, 1961 served as the primary bedrock of Indian fiscal regulation. However, decades of incremental amendments, combined with the explosive growth of a complex digital economy, eventually necessitated a significant structural overhaul. This transition, brought about by the Finance Act, 2025, represents a modernization of the existing framework—a migration from a legacy system toward a streamlined, data-driven compliance environment.

For tax professionals and financial controllers, the most immediate challenge of this "Great Migration" is the retirement of familiar compliance landmarks. The long-standing numbering system for Tax Deducted at Source (TDS) and Tax Collected at Source (TCS) forms is being overhauled, replaced by a logical 138–144 series. As a strategist, it is essential to look beyond the surface level of these renumberings to understand the consolidated architecture that now governs reporting.

TDS Comparison

Old Income-tax Act, 1961 vs Income-tax Act, 2025

(Clause 393 – Table Based Framework)

As we all know, the Income-tax Act, 2025 removes the earlier section-wise TDS structure (like 194C, 194J, 194H etc.) and consolidates all deduction provisions into:

Clause 393 – TDS (Table Driven Structure)
Clause 394 – TCS (Table Driven Structure)

Each nature of payment is now governed through a Table Serial Number (Sl. No.), instead of separate sections.

Below is the perfected comparison.

 

1. Salary

Particular

Old Act (Sec 192)

New Act (Clause 393 – Salary Entry)

Threshold

Basic exemption slab

Basic exemption slab

Rate

As per slab

As per slab

Timing

At time of payment

Same

No structural change except codification shift.

 

2. Interest on Securities

Particular

Old Act (Sec 193)

New Act (Clause 393 – Table Sl. No. 5)

Threshold

₹5,000 (listed securities – certain cases)

Same

Rate

10%

Rates in Force

“Rates in Force” concept introduced in place of fixed % in certain cases.

 

3. Dividend

Particular

Old Act (Sec 194)

New Act (Clause 393 – Table Sl. No. 1)

Threshold

₹5,000

₹10,000

Rate

10%

10%

Threshold enhanced.

 

4. Interest (Other than Securities)

Particular

Old Act (Sec 194A)

New Act (Clause 393 – Table)

Threshold (General)

₹5,000

₹5,000

Bank / PO

₹40,000

₹40,000

Senior Citizens

₹50,000

₹50,000

Rate

10%

10%

Threshold retained.

 

5. Contractor Payments

Particular

Old Act (Sec 194C)

New Act (Clause 393 – Table)

Single Contract

₹30,000

₹30,000

Aggregate

₹1,00,000

₹1,00,000

Rate – Individual/HUF

1%

1%

Rate – Others

2%

2%

No change except structural.

 

6. Commission / Brokerage

Particular

Old Act (Sec 194H)

New Act (Clause 393 – Table)

Threshold

₹15,000

₹20,000

Rate

5%

2%

Major rationalisation.

 

7. Professional / Technical Services

Particular

Old Act (Sec 194J)

New Act (Clause 393 – Table)

Threshold

₹30,000

₹50,000

Rate – Technical

2%

2%

Rate – Professional

10%

10%

Director Fees

10%

10%

Threshold increased.

 

8. Rent

Particular

Old Act (Sec 194I)

New Act (Clause 393 – Table)

Threshold

₹2,40,000 (annual)

₹50,000 per month

Plant & Machinery

2%

2%

Land/Building

10%

10%

Monthly alignment introduced.

 

9. Purchase of Immovable Property

Particular

Old Act (Sec 194IA)

New Act (Clause 393 – Table)

Threshold

₹50 Lakh

₹50 Lakh

Rate

1%

1%

No change.

 

10. Purchase of Goods

Particular

Old Act (Sec 194Q)

New Act (Clause 393 – Table Sl. No. 8(ii))

Threshold

₹50 Lakh

₹50 Lakh

Rate

0.1%

0.1%

TDS overrides TCS (Clause 394).

 

11. E-Commerce Operator

Particular

Old Act (Sec 194O)

New Act (Clause 393 – Table Sl. No. 8(v))

Threshold

₹5 Lakh (Individual/HUF)

₹5 Lakh

Rate

0.1%

0.1%

No change.

 

12. Virtual Digital Assets

Particular

Old Act (Sec 194S)

New Act (Clause 393 – Table)

Threshold

₹10,000 / ₹50,000

Same

Rate

1%

1%

No change.

 

13. Benefits / Perquisites

Particular

Old Act (Sec 194R)

New Act (Clause 393 – Table)

Threshold

₹20,000

₹20,000

Rate

10%

10%

No change.

 

14. Cash Withdrawal

Particular

Old Act (Sec 194N)

New Act (Clause 393 – Table)

Threshold

₹1 Crore

₹1 Crore

Rate

2%

 

Non-filers

2% / 5%

 

Retained.

 

15. Lottery / Online Gaming

Particular

Old Act (Sec 194B / 194BA)

New Act (Clause 393 – Table)

Threshold

₹10,000

₹10,000

Rate

30%

30%

No change.

 

16. Insurance Commission

Particular

Old Act (Sec 194D)

New Act (Clause 393 – Table)

Threshold

₹15,000

₹20,000

Rate

5%

5%

Threshold aligned.

 

17. Non-Resident Payments

Particular

Old Act (Sec 195)

New Act (Clause 393 – Table)

Threshold

No minimum

No minimum

Rate

Rates in Force

Rates in Force

No structural change.

 

18. PAN Not Furnished

Old Act (Sec 206AA)

New Act (Clause 393 + Compliance Clause)

20% or applicable rate

20% or applicable rate


 Compliance Mechanics (Same in Substance)