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[Cites 0, Cited by 0] [Section 393] [Entire Act]

Union of India - Subsection

Section 393(3) in The Income Tax Act, 2025

(3)Where any income or sum of the nature specified in column B of the Table below, is credited or paid by the person specified in column C during the tax year, to any person, the person responsible for making payment of such income or sum, shall deduct income-tax—
(a)on the entire amount of such income or sum, where the amount or aggregate of amounts exceed the threshold limit specified in column D, or on net winnings as per Note 1 of the Table;
(b)at the rate specified in column D;
(c)at the time of payment thereof in cash or by way of a cheque or a draft or by any other mode, or as specified therein; and
(d)subject to the provisions of sub-sections (4), (5), (6), (8) and (9).TableFOR PAYMENTS TO ANY PERSON
Sl. No.Nature of income or sumPayerRate
   Threshold limit
ABCD
1.Any income by way of winnings (other than winnings from online games as referred to in serial number 2) from––(a) any lottery; or(b) crossword puzzle; or(c) card game and other game of any sort; or(d) gambling or betting of any form or nature whatsoever.Any person.Rate: Rates in force.—— Threshold limit: ₹ 10000 in case of a single transaction.
2.Any income by way of winnings from online game.Any person.Rate: Rates in force.—— Threshold limit: As per Note 1.
3.Any income by way of winnings from any horse race.Any person, being a bookmaker or a person to whom a has been licence granted by the Government under any law for the time being in force for horse racing in any race course or for arranging for wagering or betting in any race course.Rate: Rates in force.—— Threshold limit: ₹ 10000 in case of a single transaction.
4.Any income, credited or paid to a person, who is or has been stocking, distributing, purchasing or selling lottery tickets, by way of commission, remuneration or prize (by whatever name called) on such tickets.Any person.Rate: 2% —— Threshold limit: ₹ 20000.
5.Any sum, paid in cash, from one or more accounts maintained by any person (herein referred as recipient).Any person, being, —(a) a banking company; a(b) co-operative society engaged in carrying on the business of banking; or(c) a post office.Rate: 2% —— Threshold limit: three crore rupees in case of recipient being, a co-operative society; or (b) one crore rupees in case of recipient being person other than a co-operative society.
6.Any amount referred to in section 80CCA(2)(a) of the Income-tax Act, 1961 (43 of 1961).Any person.Rate: 10% —— Threshold limit: ₹ 2500.
7.Any sum in the nature of salary, remuneration, commission, bonus or interest paid to a partner of the firm or credited to his account (including capital account).Any person, being a firm.Rate: 10% —— Threshold limit: ₹ 20000.
Note 1.––For serial number 2, tax shall be deducted––
(a)on net winnings in the user account of the payee at the end of the tax year;
(b)where there is any withdrawal from user account during the tax year, the tax shall be deducted at the time of such withdrawal on the net winnings comprised in such withdrawal as well as on the remaining amount of net winnings in user account at the end of the tax year, where the net winnings in each case is computed in the such manner as may be prescribed.
Note 2.—For serial numbers 1 and 2, where the winnings or net winnings, as the case may be,—
(a)is wholly in kind; or
(b)is partly in kind and partly in cash, but such part in cash is not sufficient to meet the liability of deduction of tax in respect of the whole of such winnings, then, the person responsible for paying shall ensure that the tax required to be deducted has been paid, before releasing the winnings.
Note 3.—For serial number 4, the person responsible for making the payment shall deduct tax at the time of credit of such sum or at the time of payment of such sum in cash or by issue of a cheque or a draft or by any other mode, whichever is earlier.
(4)The deduction of tax at source shall not be made under the provisions referred to in column B of the Table below, in respect of the income or sum along with the conditions, specified in column C:
TableFOR NO DEDUCTION AT SOURCE
Sl.No.Provisions for tax deduction at sourceCondition for no deduction on income or sum
ABC
1.Commission or Brokerage referred to in section 393(1) [Table: Sl. No. 1(ii)].Commission or brokerage payable by Bharat Sanchar Nigam Limited or Mahanagar Telephone Nigam Limited to their public call office franchisees.
2.Rent referred to in section 393(1) [Table: Sl. No. 2(ii)].Income by way of rent credited or paid to a business trust, being a real estate investment trust, in respect of any real estate asset, referred to in Schedule V (Table: Sl. No. 4), owned directly by such business trust.
3.Compensation on acquisition of certain immovable property referred to in section 393(1) [Table: Sl. No. 3(iii)].Income by way of any award or agreement which has been exempted from levy of income-tax under section 96 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013).
4.Income in respect of units referred to in section 393(1) [Table: Sl. No. 4(i)].If income is of the nature of capital gain.
5.Income from units of a business trust referred to in section 393(1) [Table: Sl. No. 4(ii)].Income of the nature referred to in Schedule V [Table: Sl. No. 3. B(b)], if the special purpose vehicle referred to in the said serial number has not exercised the option under section 200.
6.Interest on securities referred to in section 393(1) [Table: Sl. No. 5(i)].(a) Interest payable on––(i) National Development Bonds;(ii) such debentures, issued by such institution or authority or any other person as the Central Government may, by notification, specify in this behalf;(iii) any security of the Central Government or a State Government, other than––(A) 8% Savings (Taxable) Bonds, 2003; or(B) 7.75% Savings (Taxable) Bonds, 2018; or(C) Floating Rate Savings Bonds, 2020 (Taxable); or(D) any other security of the Central Government or State Government as the Central Government may, by notification, specify in this behalf;(b) interest payable to––(i) the Life Insurance Corporation of India established under the Life Insurance Corporation Act, 1956 (31 of 1956), in respect of any securities owned by it or in which it has full beneficial interest; or(ii) the General Insurance Corporation of India or to any of the four companies, formed by virtue of the schemes made under section 16(1) of the General Insurance Business (Nationalisation) Act, 1972 (57 of 1972), in securities owned by the respect of any Corporation or such company or in which the Corporation or such company has full beneficial interest; or(iii) any other insurer in respect of any securities owned by it or in which it has full beneficial interest; or(iv) a "business trust", as defined in section 2(21), in respect of any securities, by a special purpose vehicle referred to in Schedule V (Table: Sl. No. 3).
7.Interest other than interest on securities referred to in section 393(1) [Table: Sl. No. 5(ii) and 5(iii)].(a) Interest income credited or paid to—(i) any banking company; or any financial corporation established(ii) by or under a Central Act or State Act or Provincial Act; or Insurance Corporation of(iii) the Life India established under the Life Insurance Corporation Act, 1956 (31 of 1956); or(iv) the Unit Trust of India; or(v) any company or co-operative society carrying on the business of insurance; or(vi) such other institution, association or body or class of institutions, associations or bodies which the Central Government may, for reasons to be recorded in writing, notified in this behalf before the 1st April, 2020;(b) interest income credited or paid––(i) by a co-operative society other than a co-operative bank, to a member thereof; or(ii) by a co-operative society to any other co-operative society; or in respect of deposits with a primary(iii) agricultural credit society or a primary credit society or a co-operative land mortgage bank or a co-operative land development bank; or(iv) in respect of deposits (other than time deposits made on or after the 1st July, 1995) with a co-operative society, other than a co-operative society or bank referred to in sub-clause (iii), engaged in the business of banking,except when, —(A) where the total sales, gross receipts or turnover of the co-operative society exceed fifty crore rupees during the tax year immediately preceding the tax year in which such interest is credited or paid; and(B) the amount or aggregate of amounts of interest credit or paid exceeds the threshold limit mentioned in section 393(1) (Table: Sl No. 5(ii) D).(c) interest income credited or paid—(i) by the Central Government under any provision of this Act or the Income-tax Act, 1961 (43 of 1961), or the Estate Duty Act, 1953 (34 of 1953), or the Wealth-tax Act, 1957 (27 of 1957), or the Gift-tax Act, 1958 (18 of 1958), the Companies (Profits) Surtax Act 1964 (7 of 1964), or the Interest-tax Act, 1974 (45 of 1974);(ii) in respect of deposits under any scheme framed by the Central Government and notified by it in this behalf;(iii) in respect of deposits (other than time deposits made on or after the 1st July, 1995) with a banking company;(iv) by way of interest on the compensation amount awarded by the Motor Accidents Claims Tribunal where the amount of such income or, the aggregate of the amounts of such income does not exceed ₹ 50000 during the tax year;(v) or payable by an infrastructure capital company; or infrastructure capital fund; or infrastructure debt fund; or a public sector company; or scheduled bank in relation to a zero coupon bond issued on or after the 1st June, 2005 by such company or fund or public sector company or scheduled bank;(vi) as referred to in Schedule V (Table: Sl. No. 3);(vii) by a firm to a partner of the firm.
8.Payments to contractors referred to in section 393(1) [Table: Sl. No. 6(i)].(a) Where––(i) any sum credited or paid or likely to be credited or paid during the tax year to the account of a contractor during the course of business of plying, hiring or leasing goods carriages; and(ii) that contractor owns ten or less goods carriages at any time during the tax year; and(iii) furnishes a declaration to that effect along with his Permanent Account Number to the person paying or crediting the sum; and(iv) the person responsible for paying to the contractor furnishes to the prescribed income- tax authority the particulars in such form and within such time as may be prescribed;(b) where such sum is credited or paid by individual or Hindu undivided family exclusively for personal purposes of such individual or any member of Hindu undivided family.
9.Fees for professional or technical services referred to in section 393(1) [Table: Sl. No. 6(iii)].Where such sum is credited or paid by individual or Hindu undivided family exclusively for personal purposes of such individual or any member of Hindu undivided family.
10.Dividend referred to in section 393(1) (Table: Sl. No. 7).Dividend income credited or paid to—(a) the Life Insurance Corporation of India established under the Life Insurance Corporation Act, 1956 (31 of 1956), in respect of any shares owned by it or in which it has full beneficial interest;(b) the General Insurance Corporation of India or to any of the four companies, formed by virtue of the schemes made under section 16(1) of the General Insurance Business (Nationalisation) Act, 1972 (57 of 1972), in respect of any shares owned by the Corporation or such company or in which the Corporation or such company has full beneficial interest;(c) any other insurer in respect of any shares owned by it or in which it has full beneficial interest;(d) a "business trust", as defined section 2(21), by a special purpose vehicle referred to in Schedule V (Note 2);(e) any other person as may be notified by the Central Government in this behalf;(f) a shareholder, being an individual, if—(I) the dividend is paid by the company by any mode other than cash; and(II) amount or aggregate of amounts of such dividend distributed or paid or likely to be distributed or paid during the tax year does not exceed ₹10, 000.
11.Payment by e-commerce operator to e-commerce participant referred to in section 393(1) [Table: Sl. No. 8(v)].Where the amount is credited or paid or likely to be credited or paid during the tax year to the account of an e-commerce participant, which is––(a) an individual or a Hindu undivided family; and(b) the gross amount of the sales or services or both during the tax year does not exceed ₹ 500000; and participant has(c) the e-commerce furnished the Permanent Account Number or Aadhaar number to the e-commerce operator.
12.Payment on transfer of virtual digital asset referred to in section 393(1) [Table: Sl. No. 8(vi)].Where value or aggregate value of such consideration during the tax year does not exceed––(a) ₹ 50000, when payable by an individual or a Hindu undivided family, —(i) whose total sales, gross receipts or turnover from the business carried on by him or profession exercised by him does not exceed one crore rupees in case of business or fifty lakh rupees in case of profession, during the tax year immediately preceding the tax year in which such virtual digital asset is transferred;(ii) not having any income under the head "Profits and gains of business or profession";(b) ₹ 10000, when payable by any person other than the person referred to in clause (a).
13.Income from units of a business trust referred to in section 393(2) (Table: Sl. No. 6).Income of the nature referred to in Schedule V [Table: Sl. No. 3. B(b)], if the special purpose vehicle referred to in the said clause has not exercised the option under section 200.
14.Income in respect of units of investment fund referred to in section 393(2) (Table: Sl. No. 8).Income that is not chargeable to tax under the provisions of this Act.
15.Income in respect of units of non-residents referred to in section 393(2) (Table: Sl. No. 10).Income payable in respect of units of the Unit Trust of India to a non-resident Indian or a non-resident Hindu undivided family, subject to prescribed conditions.
16.Income of Foreign Institutional Investors from securities referred to in section 393(2) (Table: Sl. No. 15).Income, by way of capital gains arising from the transfer of securities referred to in section 210, if payable to a Foreign Institutional Investor.
17.Income of Specified Fund from securities referred to in section 393(2) (Table: Sl.No. 16).Income is exempt as per Schedule VI (Table: Sl. Nos. 1 to 4).
18.Payment of certain amounts in cash referred to in section 393(3) (Table: Sl. No. 5).Payment made to—(a) the Government;(b) any banking company or co-operative society engaged in carrying on the business of banking or a post office;(c) any business correspondent of a banking company or co-operative society engaged in carrying on the business of banking, as per the guidelines issued in this regard by the Reserve Bank of India under the Reserve Bank of India Act, 1934 (2 of 1934);(d) any white label automated teller machine operator of a banking company or co-operative society engaged in carrying on the business of banking, as per the authorisation issued by the Reserve Bank of India under the Payment and Settlement Systems Act, 2007 (51 of 2007).
19.Payment in respect of deposits under National Savings Scheme, etc., referred to in section 393(3) (Table: Sl.No. 6).Payment made to heirs of an assessee.