Understanding the Commission Tax under Section 393(1)

Anyone who has bought property, paid rent above a certain amount, hired a contractor without a TAN, or sold a virtual digital asset knows how scattered TDS compliance used to be. Four forms, 26QB, 26QC, 26QD, and 26QE, each handled a different transaction. From 1st April 2026, the Income Tax Act, 2025 replaced all four with a single form, Form 141.

What Form 141 Does

Form 141 is a challan-cum-statement, combining tax payment and reporting into one step. It’s filed under Section 393(1) of the Income Tax Act, 2025, and is entirely PAN-based, so deductors don’t need a TAN to file it. This suits its audience well, since it’s mainly meant for individuals and HUFs not otherwise required to hold a TAN.

Filers now select the schedule matching their transaction, instead of choosing between four different forms:

  • Schedule A, TDS on rent paid to a resident landlord, where monthly rent exceeds Rs 50,000
  • Schedule B, TDS on purchasing immovable property from a resident seller, where the value exceeds Rs 50 lakh
  • Schedule C, TDS on payments to contractors or professionals by individuals or HUFs not covered under regular TDS filing
  • Schedule D, TDS on specified virtual digital asset transactions, such as crypto transfers

Each schedule replaces one of the earlier forms, but the underlying TDS rates and thresholds haven’t changed. This is purely a filing and structural reform.

How to File Form 141

Filing happens entirely online. The general path is to log in using your PAN, go to e-File, then e-Pay Tax, select Income Tax Act, 2025, choose New Payment, and pick Form 141. From there, select the relevant schedule and enter the deductor’s and deductee’s PAN, the transaction value, the date of payment or credit, and the TDS amount.

One useful feature is that a single filing can now cover multiple parties of the same status. If a property has more than one seller, or a rented property has more than one landlord, all of them can be reported in one filing with percentage-wise allocation, rather than filing separately for each pairing as the old system required.

The due date remains the same as before, thirty days from the end of the month in which TDS was deducted. A deduction made in April 2026 needs filing and payment by 31st May 2026. A single Form 141 can only cover deductees sharing the same month of deduction, if the month differs, separate filings are needed.

What Changed Beyond the Form Number

Along with the consolidation, a few related changes matter. The TDS certificate tenants used to issue after filing Form 26QC, earlier called Form 16C, is now called Form 132. Correction of a filed Form 141 is possible, though not through the regular e-filing portal correction flow used for other returns. The new form also includes prefilled details and validation checks meant to catch common errors, such as PAN mismatches, before submission.

Conclusion

Form 141 brings four previously disconnected filings under one roof, which should reduce the friction individuals and HUFs face when dealing with property, rent, contractors, or crypto-related TDS. The rates and thresholds for each transaction type stay the same, so the real change lies in a simpler filing path and fewer repeated submissions for transactions involving multiple parties. Getting familiar with the right schedule for your transaction is the main thing to get right under this new system.

Understanding Interest Tax under Section 393(1)

Firms pay agents for sales or deals. Section 393(1) requires TDS on these commission or broking earnings for residents. Payers deduct 2% when yearly totals exceeds Rs 20,000. Individuals join if prior turnover exceeds Rs 1 crore in business or Rs 50 lakh in professional limits. Agents claim credits in returns. Compliance tracks aggregates and deposits timely to avoid penalties.

This provision targets intermediary payments. Any resident payer qualifies, from companies to audit-bound persons. It excludes insurance commissions under the relevant separate provision. Deduct at the credit or payment first. The threshold rose to Rs 20,000 from April 2025.

Commission Meaning

A broad definition covers agent acts. Payments reward services in sales or buys, excluding professionals. Real estate deals, stock trades, or goods sales trigger it. Indirect receipts count too.

Who Pays TDS

Everyone deducts above the limit. Governments, firms, and trusts lead. Individuals or HUFs step in post-audit threshold. No exemptions for big players.

Threshold Limit

Aggregate rules apply. Skip if under Rs 20,000 yearly per payee. Cross it and deduct the full amount. Separate from other sections.

TDS Rate Details

Flat 2% hits most cases. No PAN jumps to 20%. Basic rate, no extras. The table sums it up:

Payee StatusRateThreshold
With PAN2%Rs 20,000
No PAN20%Rs 20,000

Deduction Timing and Deposit Deadlines

Act at account entry or cash out early on. Suspense ledgers qualify. Match other TDS. Other than March: 7th next month. March: April 30. Government same-day sans challan. Use Challan 281 online.

Exemptions List

Several skip deductions:

  • Insurance or loan commissions.
  • Securities trades broking.
  • Employee payouts under salary provisions.
  • BSNL/MTNL PCO franchisees.
  • Ad agency payments by media.
  • RBI turnover to banks.

Personal services or pure interest is exempt too.

Certificates and Returns

Issue Form 16A quarterly: August 15, November 15, February 15, and June 15. File Form 26Q by July 31, October 31, January 31, and May 31.

Examples in Action

The shop pays the sales agent Rs 25,000 yearly. Deduct 2% or Rs 500 in total. Net occurs Rs 24,500.

The firm gives the distributor Rs 15,000 and then Rs 10,000. The aggregate of Rs 25,000 needs Rs 500 TDS.

Compliance Steps

Payers verify PAN upfront. Track per agent yearly. Deduct precisely and record well. Deposit with CIN. File returns accurately. Mail certificates promptly.

Lower Rate Process

Agents apply for a lower or nil deduction certificate under the relevant provision. Officers grant it if income is low. Validate certs: PAN, year, and section match. Quote the right number.

Conclusion

Section 393(1) provides for 2% TDS on commissions exceeding Rs 20,000 per year. Agents in sales or broking face it from firms and qualifying individuals. Deduct at credit or pay; deposit by 7th or 30th April. Exemptions cover insurance, securities, and employees. Form 26Q quarterly, 16 Timeliness keeps compliance clean. Track aggregates, verify PAN, use lower certs wisely. Strong practice blocks penalties and ensures smooth tax flow.

Understanding the Process of GST Audits in India

It can be challenging for operational staff to ensure a smooth transfer of goods for your business while maintaining complete regulatory compliance. The uncertainty around transportation laws and the requirement to wait for documentation are two major causes of inefficiency for finance executives. The Electronic Way Bill (E-Way Bill) system, which was incorporated into India’s Goods and Services Tax (GST) system, is the main digital tool designed to expedite this process. By guaranteeing that every significant goods transfer is documented and tracked, it reduces the chance of tax evasion and makes the entire transportation process transparent.

GST Audits in India

What is an E-Way Bill?

Before starting the movement of goods, a registered individual must create an electronic document called an E-Way Bill on the official portal. When a single invoice, bill, or delivery challan covers a cargo for more than ₹50,000, this bill is required. A distinct E-Way Bill Number (EBN) is assigned and made available to the transporter, the supplier, and the recipient after it has been generated.

The bill is constructed from two primary components:

Part A: This captures details of the goods and the transaction, including the recipient’s GSTIN, place of delivery PIN code, invoice details, value of goods, and the reason for transportation. This section also requires accurate HSN codes: 4 digits for turnover up to ₹5 crores and 6 digits for turnover exceeding ₹5 crores.

Part B: This focuses solely on transportation logistics, requiring the vehicle number and transporter details.

Applicability and Mandatory Requirements

E-Way Bills must be generated whenever goods are moved in a conveyance of value more than ₹50,000, whether the movement is:

  • In relation to a formal supply such as a sale or transfer.
  • For reasons other than a supply, such as a goods return.
  • Due to an inward supply from an unregistered person.

Importantly, for certain specific goods, the E-Way Bill must be generated regardless of the consignment value:

  • Inter-state movement of goods by the principal to a job worker.
  • Inter-state transport of handicraft goods by an exempted dealer.
  • Intra-state movement of gold and precious stones if the state has notified a threshold (typically ₹2 lakhs) under Rule 138F.

Who is Responsible for Generation?

The responsibility for generating the E-Way Bill typically falls on the registered consignor or consignee.

Registered Person: They must generate the bill for movements over ₹50,000 and can also choose to generate it for lower-value movements. If the person is required to issue e-invoices, the E-Way Bill should ideally be generated via the Invoice Reference Number (IRN) on the E-Invoice portal.

Unregistered Persons: If an unregistered person makes a supply to a registered person, the receiver is responsible for ensuring all compliance is met, acting as if they were the supplier.

Transporter: The transporter must generate the bill if the supplier or recipient has not done so. For multiple consignments in a single vehicle, a transporter can generate a consolidated E-Way Bill using Form GST EWB-02.

E-Way Bill Validity and Time Limits

The validity of an E-Way Bill is calculated from the date and time of its generation, based on the distance the goods must travel:

Type of CargoDistance (or part thereof)Validity Period
Other than Over Dimensional Cargo (ODC)Every 200 Kms1 Day
Over Dimensional Cargo (ODC)Every 20 Kms1 Day

The validity can be extended by the generator eight hours prior to or within eight hours following expiration. The entire extension is only available in extraordinary circumstances and is limited to 360 days from the initial generation date. Furthermore, only documents dated within the last 180 days are eligible for creating E-Way Bills.

Situations in Which an E-Way Bill Is Not Necessary

  1. In several situations, the e-way bill is exempt, including:
  2. movement of a non-motor vehicle.
  3. goods that are carried under seal or customs supervision.
  4. Transport goods to or from Bhutan or Nepal.
  5. Movements caused by defence formations.
  6. Transportation within 20 km between a company location and a weighbridge, as long as a delivery challan is present.
  7. Certain commodities are free from state regulations; for example, in states like Tamil Nadu and Delhi, certain intrastate movements are subject to higher limitations of ₹1 lakh.

Conclusion

A significant step toward digital and transparent logistics management under GST is the E-Way Bill system. Making sure logistics data corresponds with the digital footprint in the Unified Annual Information Statement (Form 168) is important in the current Income Tax Act 2025 framework. Any firm must correctly calculate validity periods and comply with required Multi-Factor Authentication (MFA). Following these guidelines not only guarantees smooth logistical operations but also protects your business from severe fines under Section 129 of the CGST Act.

What is Form 44 and How to Claim a Foreign Tax Credit?

In today’s modern society, many Indians depend on foreign sources for their income. This foreign revenue is typically taxed by the country where it is earned. However, under the Income Tax Act of 2025, residents are also required to pay taxes on their global income, including incomes from foreign countries.

To avoid paying taxes on the same income twice, taxpayers in India can apply for a relief known as the ‘Foreign Tax Credit’ (FTC). To qualify for the FTC, taxpayers must file Form 44 with the Income Tax Department.

What is Form 44?

To claim a foreign tax credit on paid foreign income tax, a resident taxpayer must submit Form 44. According to Rule 152 of the Income Tax Rules, 2026, filing this form is required. It includes information like the following and serves as a declaration and proof of taxes paid overseas:

  • determining foreign revenue.
  • amount of foreign tax deducted or paid.
  • income kind and country of origin.
  • documentation or certificates certifying the payment of foreign taxes.

Form 44 must be submitted by the end of the applicable tax year, at the earliest. The taxpayer faces the risk of losing their foreign tax credit claim for that year if it is not filed within the time limit.

Contents of Form 44

Form 44 is divided into four sections:

  1. Basic information: taxpayer details (name, PAN, and address); the relevant tax year; and details of foreign income and tax paid.
  2. Refund details: Information related to any refund of foreign taxes due to loss carrybacks or dispute resolution.
  3. Verification: Taxpayer’s declaration and verification with a digital signature or electronic verification code (EVC).
  4. Attachments: Supporting documents such as foreign tax payment certificates and proof of payment must be uploaded in digital format.

Key Documents Required for FTC Claim

To support the claim in form 44, taxpayers must submit the following:

  • A certificate or statement from the foreign tax authority or withholding agent indicating the tax deducted or paid.
  • Proof of foreign tax payment, like bank statements or tax receipts.
  • A statement of income from that foreign country.
  • Corresponding details entered in the Income Tax Return (ITR) under the specified foreign income schedules.

Procedure and Due Date for Filing Form 44

Form 44 must be filed electronically on the Income Tax Department’s e-filing portal. It should ideally be filed on or before the due date for filing the ITR under Section 156 of the 2025 Act. While the 2025 Act is more flexible, failure to file Form 44 before the final assessment can lead to the disallowance of the FTC claim. Taxpayers must ensure that the figures in Form 44 match the entries in Form 168 (Unified AIS) for consistency.

Claiming an FTC – Important Points

  • FTC is allowed only for taxes on income, surcharges, and cess, but not for penalties, interest, or fees.
  • If foreign taxes are disputed in the source country, FTC is disallowed until the dispute is resolved and proof of final settlement is submitted.
  • Currency conversion of foreign tax paid must be done using the Telegraphic Transfer Buying Rate (TTBR) as published by the Reserve Bank of India on the last day of the month preceding the tax payment month.
  • The foreign tax credit applies separately for each country; the total credit is aggregated accordingly.
  • If income is assessed under alternate tax regimes (like MAT for companies), FTC is still available on the tax paid for foreign income.

Conclusion

In order to file relief claims under the Income Tax Act of 2025, Form 44 is an essential compliance form. Taxpayers must file the Foreign Tax Credit appropriately and within the allotted timeframes in order to avoid paying taxes on the same income twice. Processing is kept straightforward and litigation-free with accurate documentation and matching data across digital tax forms.

Section 129 of the CGST Act, 2017: Detention, Seizure, and Release of Goods in Transit

CGST Section 129The Goods and Services Tax (GST) system was designed to simplify indirect taxation by merging multiple levies into a single framework. To maintain compliance and prevent tax evasion during the movement of goods, Section 129 of the CGST Act governs the detention, seizure, and release of goods and vehicles when rules are breached. In the current 2026 tax environment, this section acts as a high-stakes enforcement tool, integrated with digital tracking and the new Income Tax Act 2025 reporting standards.

Inspection of Goods in Transit

Under GST, an E-Way Bill is mandatory for transporting goods valued above ₹50,000. The person in charge of the vehicle must carry the invoice (or e-invoice), e-way bill, and delivery challan. Authorised GST officers now use real-time data from the Invoice Management System (IMS) and Fastag logs to intercept and inspect vehicles. If documentation is missing or if the digital status of the invoice shows a discrepancy, the officer has the power to detain the consignment.

Notice, Hearing, and Order Timeline

The legal process follows a strict 7-7-15-day cycle:

  • Notice: The officer must issue a written notice in FORM GST MOV-07 within 7 days of detention.
  • Order: After giving the taxpayer a chance to be heard, a final order in FORM GST MOV-09 must be passed within 7 days from the date of service of the notice.
  • Payment: The taxpayer then has 15 days to pay the penalty.

Penalty Structure (As of 2026)

Situation Penalty on Taxable Goods Penalty on Exempted Goods
Owner Comes Forward 200% of tax payable 2% of value or ₹25,000 (Whichever is less)
Owner Does Not Come Forward 50% of value or 200% of tax (Whichever is higher) 5% of value or ₹25,000 (Whichever is less)

Note: If the transporter wishes to release only the vehicle, they may do so by paying a penalty of ₹1 lakh or the applicable penalty on goods, whichever is less.

Release of Goods and Vehicle

Section 129(2) provides that detained items shall be released upon the payment of the penalty or the furnishing of a security (such as a bank guarantee) equal to the penalty amount. If the taxpayer chooses to appeal the order, they must now pre-deposit 25% of the penalty amount to the department.

Confiscation and Fine

If the penalty is not paid within 15 days of the order, the officer may initiate confiscation proceedings under Section 130 using FORM GST MOV-10. Once confiscated, the goods become the property of the central government. The owner can only reclaim them by paying a redemption fine (in addition to the tax and penalty), which cannot exceed the market value of the goods. Under the Income Tax Act 2025, such fines are strictly non-deductible as business expenses.

Conclusion

Section 129 is central to enforcing GST compliance in India’s growing economy. With the shift to the tax year 2025-26 and the implementation of Section 74A for unified tax determination, the focus has moved toward digital transparency. Businesses must ensure their physical movement of goods perfectly matches their digital records in the IMS and E-Way Bill portal to avoid significant financial penalties and the risk of confiscation.

 

Tax System in India: Meaning, Types, and Structure

Taxation is an essential resource for governance and revenue collection, and it is a sovereign right. The Constitution of India establishes the basis for taxation and divides authority between the central government and state governments.

In India, taxes are imposed in accordance with laws passed by the state and central governments. Direct and indirect taxes are the two main categories of taxes, and several acts and constitutional clauses regulate how they are implemented.

Constitutional Framework

The power to levy taxes in India is derived from:

Article 265: “No tax shall be levied or collected except by the authority of law.”

Article 246: Distribution of legislative powers under three lists:

  • Article 246(1): Union List
  • Article 246(3):  State List
  • Article 246(2): Concurrent List

Seventh Schedule: Subjects on which central, state, or both can levy taxes.

Classification of Taxes

Direct Tax: One cannot transfer direct taxes to another party; they are imposed directly on people or organisations. Examples are corporation tax and income tax. They are progressive, which means that those with higher incomes pay more, so advancing income equality.

Indirect Tax: Imposed on products and services and have the possibility to be transferred from producers to consumers. Customs duty, excise duty, and GST are a few examples. Regardless of income, all consumers pay the same rate, making these regressive in general.

CriteriaDirect TaxIndirect Tax  
NatureProgressiveRegressive
ExampleIncome Tax, Corporate TaxGST, Customs Duty
Burden             On the taxpayerPassed on to the consumer
Administered byCBDTCBIC
ComplianceComplex and documentation-heavyEasy to collect at point of sale

Cess and Surcharge

The terms “cess” and “surcharge” are frequently confused. Article 270 of the Constitution refers to a cess, which is a form of tax collected for a particular purpose, such as infrastructure or education. However, as stated in Article 271, a surcharge is an additional tax that is imposed on top of already-existing taxes, typically to generate money for certain purposes.

The Consolidated Fund of India, which the government uses for public spending, receives the sums from both cess and surcharge. In the M/s. SRD Nutrients Pvt. Ltd. vs. Commissioner of Central Excise, Guwahati [SC 2017] case, the Supreme Court made it clear that the higher education and education cess should be regarded as a surcharge.

Advantages and Disadvantages

AspectDirect TaxesIndirect Taxes  
NatureProgressive: determined by wealth or incomeRegressive – same rate for everyone
ProgressPromotes income equalityThe burden falls more on lower-income consumers
TransparencyClearly specified and documentedHidden in prices, consumers are unaware
Tax BurdenCannot be shifted to othersShifted to end consumers
AdministrationComplicated filing and compliance proceduresEasily gathered at the moment of sale
Stability of RevenuePredictable government revenueVaries according to patterns in consumption
Impact on InflationCan aid in reducing inflationTends to cause inflation and price increases
Risk of ComplianceIncreased chances of tax evasionIntegrated collection reduces evasion
Impact on EconomyCould discourage investmentPromotes saving; can be modified to meet policy objectives

This Article is here for educational purpose only. The Author here explains the very basic concept of Tax System in India.

GST REGISTRATION – THRESHOLD LIMIT and APPLICABILITY

In this digital era, even a common man knows about the GST( Goods and Services Tax) by its name. Any person thinks of any idea for doing business, the first thing which strikes in his/her mind is that he/she must get the business registered under the GST Act.

But is it true that every business person needs to get registered for GST? Actually not.

Under the GST Act, the threshold limit is a very important term, which is the basis of registration requirement. Here, we will discuss the threshold limit applicable according to the provisions and rules. Threshold limit is decided based on the turnover as specified in the GST Law for the same.

Other than the business falling under the limit specified, there are a few other activities for which GST Registration is bound to be taken.

A person who is running a business or planning to start a business, must ensure whether he/she falls into the threshold limit to avoid the GST Registration till the limit meets or he/she is mandatorily required to get registered under GST laws as discussed below.

Threshold Limits are as specified under the Laws

Any person engaged in providing the services, where the aggregate turnover* exceeds Rs. 20 Lacs must get GSTN to do the business.

For special category states**, the above mentioned limit of Rs 20 Lacs to be considered as Rs 10 Lacs for checking the applicability.

Now, for the sale of goods within the same state, the threshold limit for states other than special category states, is Rs. 40 Lacs for intra state transactions. (Special category states** will be considered Rs. 20 Lacs)

* Aggregate Turnover means

The Aggregate Value of

  1. all taxable supplies (excluding inwards transactions chargeable on Reverse Charge Mechanism basis), 
  2. Exempt supplies
  3. Exports of goods or services or both
  4. Interstate supplies of persons with same PAN on all India basis, but, excluding the CGST, SGST, IGST, and cess.

** Special Category states mean the states of Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur, Meghalaya, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Himachal Pradesh and Uttarakhand.

The States/UTs had the option to choose the threshold limit to be considered for GST Registration. Accordingly, below mentioned states/UTs chose the limit for themselves.

States/UTs who considers the limit of Rs. 40 Lacs, are as mentioned below:

Kerala, Chhattisgarh, Jharkhand, Delhi, Bihar, Maharashtra, Andhra Pradesh, Gujarat, Haryana, Goa, Punjab, Uttar Pradesh, Himachal Pradesh, Karnataka, Madhya Pradesh, Odisha, Rajasthan, Tamil Nadu, West Bengal, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu, Andaman and Nicobar Islands, Chandigarh, Jammu and Kashmir, Ladakh and Assam.

Telangana, being a normal and the only state, falls for the limit of Rs. 20/10 Lacs, as the case may.

States/UTs who considers the limit of Rs. 20 Lacs, are here mentioned:

Puducherry, Meghalaya, Mizoram, Tripura, Manipur, Sikkim, Nagaland, Arunachal Pradesh and Uttarakhand.

Now, other than the business entities that fall under the threshold limit specified above, a few business entities are mandatorily required to get registered under the GST Laws, which are as follows:

  1. Interstate Suppliers
  2. Casual taxable Persons
  3. Chargeable under Reverse Charge Mechanism
  4. Non Resident Taxable Person
  5. Persons required to deduct TDS under law
  6. Persons required to collect TCS under law
  7. Input Service Distributors
  8. E-Commerce Operator
  9. Persons making a sale on behalf of someone else whether as an Agent or Principal
  10. Providing OIDAR Services
  11. Suppliers who supply goods through e-commerce operators who are liable to collect tax at source.

It is also to be noted that any business entity does not fall under the threshold limit specified here, can also get registered under the GST voluntarily. But once the registration is done, all provisions and rules will be applicable on those who opted the same.