CA K Sanjay BhargavChartered Accountant
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TDS under Section 393: the consolidated framework explained

CA K Sanjay Bhargav, Chartered Accountant, Bengaluru

Membership No. 250054 · DISA (ICAI)

Published

Short answer: around forty TDS sections collapse into Section 393, structured as tables — 393(1) residents, 393(2) non-residents, 393(3) special cases. Salary stays separate at 392. Rates and thresholds are unchanged. The quarterly return forms are renumbered.

The structural change

Under the 1961 Act, each payment type had its own section: 194C for contractors, 194J for professional fees, 194-I for rent, 194Q for goods, 195 for non-residents. Locating the right rate meant knowing the right section number, and the numbering had grown by accretion over decades — 194, 194A, 194B, 194BA, 194BB, and onward.

The 2025 Act replaces that with one section containing tables:

ProvisionCovers
s.392Salary (and EPF premature withdrawal at 392(7))
s.393(1)Payments to residents — contractors, professionals, rent, interest, dividends, goods
s.393(2)Payments to non-residents
s.393(3)Lottery, online gaming, horse racing, cash withdrawal, payments to partners
s.394TCS (tabular, replacing s.206C)

You now cite a section and a table entry rather than a section alone.

Where your familiar deductions went

Payment1961 Act2025 Act
Salarys.192s.392
EPF premature withdrawals.192As.392(7)
Interest on securitiess.193s.393(1)
Dividendss.194s.393(1)
Interest other than securitiess.194As.393(1)
Contractorss.194Cs.393(1)
Insurance commissions.194Ds.393(1)
Brokerage / commissions.194Hs.393(1)
Rents.194-Is.393(1)
Purchase of immovable propertys.194-IAs.393(1)
Professional / technical feess.194Js.393(1)
Purchase of goodss.194Qs.393(1)
Benefits and perquisitess.194Rs.393(1)
Virtual digital assetss.194Ss.393(1)
Payments to partnerss.194Ts.393(3)
Cash withdrawals.194Ns.393(3)
Payments to non-residentss.195s.393(2)
Lower / nil deduction certificates.197s.395
Forms 15G / 15H declarations.197As.393(6)
TDS is income of the recipient / creditss.198, 199s.396
Deposit and statementss.200s.397
Assessee in default + interests.201s.398
TANs.203As.397(1)
Higher rate where no PANs.206AAs.397(2)
TCSs.206Cs.394

Two provisions are simply gone: Sections 206AB and 206CCA — the higher-rate-for-non-filers provisions — were omitted by the Finance Act 2025 and are not carried into the 2025 Act. If your deduction software still runs that check, it is doing unnecessary work.

The forms all changed

The Income-tax Rules, 2026 renumbered the entire form set:

Old formNew formWhat it is
24Q138Salary TDS, quarterly
26Q140Non-salary resident TDS, quarterly
27Q143Non-resident TDS, quarterly
27EQ144TCS, quarterly
26QB / 26QC / 26QD141 (consolidated)Property, rent, contractor one-off challans
15G / 15H121 (unified)No-deduction declarations
15CA / 15CB145 / 146Foreign remittance — now UDIN-enabled

The 15CB change matters for practices: UDIN is now built into the form, so the certificate carries verifiable authorship.

⚠️ The transition rule deductors actually need

TDS is governed by the Act in force at the earlier of credit or payment.

Payment credited or madeGoverning Act
Up to 31 March 20261961 Act
From 1 April 20262025 Act

So a deduction on a March 2026 payment sits under the old Act and is deposited by 30 April 2026 using the old challans — even though the deposit falls after commencement. The deposit date does not decide the Act; the credit or payment date does.

Lower-deduction certificates issued under Section 197 before the transition remain valid for FY 2026-27 receivables. No reapplication is needed on account of the change. Watch the certificate's own expiry, not the Act's.

Two Finance Act 2026 changes worth knowing

Manpower supply is now "work" for contractor TDS. This settles a classification argument that produced a steady stream of disputes — whether supplying labour was a contract for work under 194C or a professional or technical service under 194J, at a materially different rate. It is now treated as work.

No TAN needed for one common case. From 1 October 2026, a resident individual or HUF buying property from a non-resident seller can deduct without obtaining a TAN. This used to catch ordinary homebuyers hard: buying from an NRI means deducting under the Section 195 route on the full sale consideration rather than the simpler property-purchase route, and until now that also meant obtaining a TAN. One barrier removed; the substantive obligation remains. See TDS on property sale by an NRI.

What to change in your process

  1. Update the citation on your workings — section plus table entry, not section alone.
  2. Switch return forms from 24Q/26Q/27Q/27EQ to 138/140/143/144 for TY 2026-27 quarters.
  3. Keep the March 2026 quarter on the old track — old Act, old challans, deposit by 30 April 2026.
  4. Stop running the 206AB non-filer check — the provision no longer exists.
  5. Reclassify manpower supply to the contractor rate.
  6. Diarise certificate expiry, not Act commencement.

Default consequences are unchanged in substance and renumbered: assessee-in-default and interest at Section 398 (ex-201), disallowance of the expenditure at Section 35 (ex-40(a)(ia)), penalty at Section 448 (ex-271C), prosecution at Section 476 (ex-276B).

For the sections outside TDS, the old-to-new mapping is the quick reference, and the Income-tax Rules 2026 post covers the wider form renumbering.

This is a working reference, not the statute. For anything you are filing or relying on, confirm the section text and the applicable rate against the Act or the department's official 1961-vs-2025 comparison utility.

Frequently asked questions

What is Section 393 of the Income-tax Act 2025?

It is the single consolidated TDS provision that replaces around forty separate sections of the 1961 Act — the entire 194 series and more. Instead of a section per payment type, deductions now sit in tables: Section 393(1) for payments to residents, Section 393(2) for payments to non-residents, and Section 393(3) for lottery, online gaming, cash withdrawal and similar special cases. Salary keeps its own section at 392.

Have TDS rates or thresholds changed?

No. Rates and thresholds carried over unchanged at the transition. What changed is where you find them. A rate that used to sit in its own section now sits in a numbered entry in a table, so the citation on your working paper changes even though the arithmetic does not.

Which Act applies to a deduction made in March 2026?

The 1961 Act. TDS is governed by the Act in force at the earlier of credit or payment. So a deduction on a March 2026 payment falls under the old Act, and is deposited by 30 April 2026 using the old challans, even though the deposit happens after the new Act commenced. Deductions on payments from 1 April 2026 fall under the 2025 Act.

Is my lower-deduction certificate still valid?

Yes. A certificate issued under Section 197 of the 1961 Act before the transition remains valid for FY 2026-27 receivables. The equivalent provision going forward is Section 395 of the 2025 Act. You do not need to reapply because the Act changed — but you do need to watch the certificate's own validity period.

What happened to Forms 24Q, 26Q, 27Q and 27EQ?

They become Forms 138, 140, 143 and 144 respectively under the Income-tax Rules, 2026. Forms 26QB, 26QC and 26QD consolidate into a single Form 141. Forms 15G and 15H merge into a unified Form 121, and 15CA and 15CB become Forms 145 and 146, which are UDIN-enabled.

Did the Finance Act 2026 change anything for deductors?

Two things worth knowing. Manpower supply is now treated as 'work' for contractor TDS, which settles a long-running classification dispute and generally means the contractor rate rather than the higher professional-services rate. And from 1 October 2026 a resident individual or HUF buying property from a non-resident seller no longer needs a TAN to deduct — a genuine easing of a step that used to trap ordinary buyers.

Running TDS compliance for a business?

Send your deduction workings and challan position. Correct rates, the right table entry, quarterly returns and any lower-deduction certificates are handled — and defaults reconciled before they become notices.

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