Businesses in India buy and sell products worth crores every day. Compliance for high-value trade has been simplified under the Income Tax Act, 2025, which went into effect on April 1, 2026. Section 393 imposes a 0.1% tax on purchases exceeding Rs 50 lakh when a buyer’s turnover exceeds Rs 10 crore. This emphasis on high-value transactions continues to be a fundamental compliance need for companies nationwide in order to determine their income promptly.

Important Guidelines and Requirements

Section 393 requires buyers to deduct taxes. This is applicable to any business that made more than Rs 10 crore in income in the previous tax year and buys more than Rs 50 lakh worth of products from a single resident vendor each year. The buyer is required to remove 0.1% of the amount over the Rs 50 lakh barrier upon credit or payment, whichever comes first. For this particular provision, there are no reduced or zero deduction certificates.

Important Aspects of Compliance

• Who Takes Action: The buyer whose turnover in the previous tax year exceeded Rs 10 crore.
• Threshold: Each seller’s total yearly purchase of Rs 50 lakh.
• Rate: 0.1% (if the vendor fails to provide a valid PAN, the rate rises to 5%).
• Timing: Either actual payment or credit to the seller’s account, whichever comes first.

“Goods” refers to movable items such as scrap, cars, and commodities. If GST is specified individually on the invoice, it is not included in the TDS basis.

Section 393’s implementation

Since the TCS provision under Section 206C(1H) was eliminated on April 1, 2025, the buyer is now fully responsible for ensuring that the sale of goods complies with tax laws. The compliance burden is greatly reduced because there is no longer a situation in which both TDS and TCS apply to the same transaction. No tax deduction is necessary under this clause if the acquisition is less than Rs 50 lakh or the buyer does not meet the Rs 10 crore turnover level.

Reporting and Compliance

• PAN: The transaction is subject to a 5% TDS charge if a PAN is not provided.
• Deposits: By the seventh of the next month (April 30 for the month of March), tax must be deposited via the electronic payment method (Challan 281).
• Returns: In accordance with the Income Tax Rules, 2026, buyers are required to file quarterly returns and provide the payees with the appropriate tax deduction certificates.

Exemptions and Useful Actions

These rules do not apply to some parties, such as government departments and entities that are exempt from income tax under the Act. Compliance is still simple:

• To determine applicability, check turnover from previous years in advance.
• Keep track of per-party purchase totals starting on April 1st, the first day of the tax year.
• To avoid increased deduction rates, obtain PANs up front.
• Accurately aggregate purchase values.

The buyer is considered an assessee-in-default and is subject to interest at a rate of 1% per month for late reductions and 1.5% for late deposits if they fail to deduct or deposit tax.

Conclusion

Section 393 compliance is required for the purchase of goods valued at more than Rs 50 lakh for businesses with a turnover of more than Rs 10 crore. The compliance environment has been simplified with the removal of the previous TCS rules, and the buyer now bears main accountability. To prevent validation issues during filing, make sure your accounting systems are updated to reflect the new section references under the Income Tax Act, 2025. Throughout the tax year, your company will have flawless tax compliance if you keep track of individual restrictions and keep correct records.

Quarterly TDS returns have carried the familiar names for years: Form 24Q, 26Q, 27Q, and 27EQ. That changed from 1st April 2026, when the Income Tax Act, 2025, came into force and renumbered every one of these forms. Those still using the old names in payroll templates or filing checklists need to update them, since returns submitted under old numbers for this period get rejected on validation.

What the New Forms Cover

Each old form now has a direct replacement, and the underlying purpose hasn’t changed:

• Form 24Q is now Form 138, used for TDS on salary payments.
• Form 26Q is now Form 140, used for TDS on non-salary payments to residents.
• Form 27Q is now Form 144, used for TDS on payments to non-residents.
• Form 27EQ is now Form 143, used for Tax Collected at Source.

For Q1 of FY 2026-27, covering April to June, all four returns share the same due date, 31st July 2026. This is a genuine change for TCS filers, who used to submit Form 27EQ two weeks earlier than the TDS returns. Under Form 143, that gap has closed, and TCS collectors now follow the same schedule as everyone else.

Filing the Return Correctly

Before you build the return, reconcile every TDS deposit made during the quarter against your bank challans, and confirm each one was tagged under Tax Year 2026-27 rather than the older Assessment Year format. A mismatch here can misallocate a payment to the wrong year’s records and create reconciliation trouble later.

It helps to work through the filing in order:

1. Confirm the correct form for each deduction category, Form 138 for salary, Form 140 for resident non-salary, Form 144 for non-resident payments, and Form 143 for TCS.
2. Verify the updated section code for every payment type against the current CBDT mapping, rather than relying on last year’s codes from memory.
3. Match deductee PAN details carefully, since PAN errors are a common reason for correction filings later on.
4. Generate the return file using an RPU or FVU utility version that supports the new form numbers.
5. Submit the return on the portal and save the acknowledgement once accepted.
6. Issue TDS certificates to deductees soon after filing. The salary certificate, earlier called Form 16, now goes by the name Form 130, though its content and purpose haven’t changed.

Penalties and a More Stringent Correction Window

Missing the due date still carries the same consequences as before. A late fee of Rs 200 per day applies under Section 234E, capped at the total TDS or TCS amount for that quarter, with no discretion to waive it once a return is filed late. Persistent or inaccurate filing can also draw a penalty ranging from Rs 10,000 to Rs 100,000 under Section 271H.

One more change worth noting, corrections to a filed statement, such as fixing a wrong PAN or an incorrect section code, must generally be made within two years from the end of the relevant financial year. Older statements with uncorrected errors may fall outside this window soon, so it’s worth clearing them up alongside your current filing.

Conclusion

Filing Q1 FY 2026-27 correctly is less about learning something new and more about updating labels, codes, and templates that stayed unchanged for years. Confirm the right form for each payment category, verify section codes against the current mapping, and reconcile your challans before the 31st July deadline. Getting this first quarter right makes every filing after it considerably smoother.

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.

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 Cargo	Distance (or part thereof)	Validity Period
Other than Over Dimensional Cargo (ODC)	Every 200 Kms	1 Day
Over Dimensional Cargo (ODC)	Every 20 Kms	1 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.

Residencial status of a person is the primary criteria that decides how foreign assets and income are taxed in India. Residents, resident but not ordinarily resident (RNOR), and non-residents (NRIs) are defined by the Income Tax Act, 2025. Each category specifies what information is required and how much of your overseas income is taxable.

Residential Status

A person is considered a Resident and Ordinarily Resident (ROR) if they stay in India for 182 days or more during the year or for 365 days or more during the previous four years along with at least 60 days in the current year. Additionally, Indian citizens with Indian income over 15 lakh rupees not taxed elsewhere are “deemed residents”.

• ROR: Taxable on total global income, including all foreign earnings.
• RNOR: Taxed only on income received or accrued in India or from a business controlled from India.
• NRI: Taxed only on income that arises or is received in India.

Taxation of Foreign Income

1. For RORs: Global income such as salary, dividends, capital gains, and business profits earned abroad is taxable in India as if earned domestically. However, they can claim foreign tax credit (FTC) for taxes paid abroad under India’s Double Taxation Avoidance Agreements (DTAAs).
2. For RNORs: Foreign income not received in India is generally not taxable. Only income sourced from India or a business set up in India is taxed. This status is vital for returning NRIs.
3. For NRIs: Only income that accrues, arises, or is received in India is taxable. Foreign salaries, rents, or investments held outside India are exempt from Indian taxation.

Taxation of Foreign Assets

Owning a foreign asset does not automatically create tax liability unless it generates income. Yet, residents (RORs) must disclose such assets every year in their income tax return under Schedule FA.

• Reportable Assets: These include foreign bank accounts, immovable property abroad, foreign company shares, and cryptocurrency wallets maintained on overseas exchanges.
• Disclosure Rules: Under the 2026 Budget updates, while non-disclosure can invite a penalty of 10 lakh rupees, prosecution is now waived for non-immovable assets valued below 20 lakh rupees if the error was unintentional.

Double Taxation Avoidance Agreement (DTAA)

When the same income is taxed in both India and another country, taxpayers can claim relief under DTAAs. The relief is given in two forms:

• Exemption method: Income taxed abroad is exempt in India.
• Credit method: Tax paid abroad is adjusted against Indian tax payable.

To claim credit, one must submit Form 44 (formerly Form 67) before filing the return and maintain proof of taxes paid abroad. This data is now integrated into the Form 168 (Unified AIS) for easier verification.

The Black Money Act and Penalties

The Black Money (Undisclosed Foreign Income and Assets) Act, 2015, remains the primary tool against hidden offshore wealth. It covers:

• A fixed 30% tax on unreported foreign income or assets.
• A penalty equal to three times the tax amount.
• The FAST-DS 2026 Scheme: A new 6-month window allows taxpayers to declare old undisclosed assets below 1 crore rupees with a specialised tax and fee structure to gain immunity from prosecution.

Under the Income Tax Act 2025

The Income Tax Act 2025, in force since April 1, 2026, continues the concept of global taxation for residents while enhancing digital compliance. It utilises automated verification through the Common Reporting Standard (CRS) to check foreign holdings. The new law has simplified Schedule FA and made digital record-keeping for foreign tax credits more robust. Special provisions also exist for returning NRIs to prevent double taxation during their transition year.

Conclusion

Residency is the basis for India’s tax system. RNORs are partially liable, residents are taxed on their worldwide income, while NRIs are only taxed on income earned in India. Foreign assets must be declared in order to avoid hefty penalties, even if they are not necessarily taxable. The law promotes truthful reporting through Form 44 and DTAA benefits to prevent double taxation. Your foreign assets and income are taken into account when calculating your taxes if you live in India and work overseas. Financial security depends on transparency and accurate filing under the Income Tax Act of 2025.

Every salaried employee looked forward to Form 16 at the beginning of the financial year for more than 60 years. It served as the foundation for each ITR file and verified the amount of tax that the employer had deducted and deposited. Form 130 will take its place under the Income Tax Act, 2025. Millions of salaried employees are affected by this change, so knowing when it applies and what it looks like may help avoid confusion when it does.

When Form 130 Is Really Important

It’s worth being precise here, since there’s often confusion about timing. Form 16 continues to apply for FY 2025-26, and employers must issue it by 15th June 2026, exactly as before. Form 130 comes into effect from Tax Year 2026-27, which runs from April 2026 to March 2027. The first Form 130 that employees receive will be issued by 15th June 2027, once this tax year closes. So salaried employees filing returns right now still work with Form 16, but TDS deducted from April 2026 onward is already being recorded under the new system that Form 130 will eventually reflect.

What Form 130 Looks Like

Form 130 is issued under Section 395(4)(b) of the Income Tax Act, 2025, and it serves the same core purpose as Form 16, certifying tax deducted from salary and deposited with the government. It also extends to pensioners and specified senior citizens who have authorised a bank to deduct tax on their interest income, a group Form 16 never fully covered.

Structurally, Form 130 has three parts instead of two:

• Part A carries employer and employee details, along with the employment period, a field that wasn’t explicitly required before.
• Part B summarises the income paid and TDS deducted, reconciled against the employer’s quarterly filings.
• Part C contains detailed annexures, covering salary computation, or pension and interest income for senior citizens

Like its predecessor, Form 130 can only be generated through the TRACES portal, and only after the employer has filed the corresponding quarterly TDS return, now called Form 138, which replaces the earlier Form 24Q. Any version issued outside TRACES isn’t considered valid.

What Employees Should Watch For

Even though Form 130 won’t arrive until mid-2027, a few practical points are worth keeping in mind as this transition unfolds:

• Confirm your employer is filing Form 138 correctly each quarter, since Form 130 depends entirely on this filing being accurate
• Watch for the new employment period field in Part A, especially if you changed jobs during the year
• Once issued, cross-check the TDS figures in Form 130 against Form 168, the new version of Form 26AS, sometimes called the Tax Passbook
• Any mismatch between the two documents should be resolved with the employer before filing the ITR, not after

Since the certificate is generated only after quarterly filings are processed, delays on the employer’s side can push back when you actually receive it, so it helps to raise queries early if your payroll team seems behind schedule.

Conclusion

Salaried employees still have one more filing season with the well-known Form 16 before the move fully takes effect, and Form 130 isn’t arriving overnight. The fundamental change, quarterly filings under Form 138, a wider reach that includes pensioners, and a more complex three-part structure that will influence how income and deductions are reported after Form 130 finally arrives in mid-2027 have already begun.

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.

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.

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 Cargo	Distance (or part thereof)	Validity Period
Other than Over Dimensional Cargo (ODC)	Every 200 Kms	1 Day
Over Dimensional Cargo (ODC)	Every 20 Kms	1 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.

The growth of cryptocurrencies, NFTs, and other virtual digital assets (VDAs) has altered India’s financial and investment sector. The government applies a 1% Tax Deducted at Source (TDS) on VDA transfers in order to monitor digital transactions and maintain tax transparency. Sections 393(1) [Table S.No. 8(vi)] and 393(4) [Table S.No. 12] of the Income Tax Act 2025 presently regulates this provision.

Meaning and Purpose of 1% TDS

TDS is a mechanism where tax is collected at the time of a transaction instead of at the end of the year. The 1% TDS on VDAs applies when one person pays another for transferring a digital asset. Whenever money changes hands for such an asset, 1% of the payment is deducted and paid to the government as an advance tax.

The purpose of this rule is to track crypto transactions, ensure traders do not avoid tax, and create a transparent audit trail in a sector often marked by anonymity.

Under the Income Tax Act, 1961

The 1% TDS was originally introduced through Section 194S in the older 1961 Act. It applied to any person making a payment to a resident for the transfer of a VDA. This covered both exchange trades and peer-to-peer transfers. The deduction was required at the time of credit or payment, whichever happened earlier.

Under the New Income Tax Act, 2025

The Income Tax Act, 2025, which is effective for the current tax year, provides a modern legal framework for digital assets. The new Act defines VDAs broadly to include any cryptographically generated representation of value or rights. The government has retained the 1% TDS under Section 393 with refined procedures using Form 141.

Key features under the 2025 Act:

• Unified Framework: VDAs are categorised as capital assets, ensuring consistent tax treatment across all digital tokens.
• Integrated Deduction System: The 1% TDS process is automated through the government portal using Form 141 Schedule D.
• Thresholds: TDS is required if the transaction value exceeds 10,000 rupees. For specified persons (individuals/HUFs with turnover below 1 crore), the threshold is 50,000 rupees.
• Real-time Reporting: Transactions are reported through linked data using Form 141, which acts as both a challan and a statement.
• Penalty Provisions: Section 446 of the new Act imposes strict penalties for failing to deduct or remit TDS on time.

Comparison

Aspect	Income Tax Act, 1961	Income Tax Act, 2025
Legal Provision	Section 194S	Section 393
Scope	Cryptocurrencies and NFTs	All VDAs including stablecoins and crypto-assets
Rate of TDS	1%	1%
Thresholds	10,000 / 50,000 rupees	10,000 / 50,000 rupees
Reporting Form	Form 26QE	Form 141 (Schedule D)
Credit Statement	Form 26AS / AIS	Form 168 (Unified AIS)
Enforcement	Manual Audit-Based	Real-time Digital Monitoring

Practical Effects on Taxpayers

The 1% TDS rule makes it possible for traders and investors to track even small cryptocurrency transactions. It validates digital assets inside the tax framework while also adding a compliance step. At present, exchanges are essential to the automatic deduction and remittance of TDS utilising Form 141. Individual traders’ manual labour is reduced as a result.

However, because the tax is deducted even if the sale is a loss, high-frequency traders can find that the deduction has an impact on their daily liquidity. The 2025 Act’s automation makes it easier to reconcile these deductions while paying taxes.

Conclusion

One important measure for financial transparency in India is the 1% TDS on VDA transactions. The system has developed into a technology-driven procedure under the 2025 Act, particularly Section 393 and Form 141. For both the government and the taxpayer, it offers real-time monitoring and more seamless compliance. Anyone trading in the digital asset market in 2026 must have a thorough understanding of these parts.

The rapid development of e-commerce has changed how governments handle taxes and how companies conduct business. E-commerce enables businesses to make significant profits in nations where they do not have a physical existence, but traditional tax systems were built around the idea of physical existence. A simple website, app, or cloud server can bring in huge profits from a market far away. This has complicated the determination of where income should be taxed.

Countries have been updating their tax rules to address these issues and make sure that cross-border e-commerce revenue is appropriately taxed where economic value is generated. Income tax, which is based on profits, and indirect tax, which is based on consumption, are now the two main taxation areas that businesses engaged in international digital trade must take into consideration.

Income Tax on Non-Resident E-Commerce Sellers

For foreign e-commerce platforms or sellers operating in a market like India, the central income tax question is whether their digital activities create a “taxable presence” in the country. Traditionally, a company was taxed only if it had a Permanent Establishment (PE) — like an office, warehouse, or employees — in that country. However, digital business models have made this concept less relevant.

Significant Economic Presence (SEP)

To bridge this gap, India introduced the concept of Significant Economic Presence (SEP) under the Income Tax Act. This rule broadens the scope of what qualifies as a taxable nexus.

As per current guidelines, an SEP is deemed to exist if:

• A non-resident earns revenues exceeding ₹2 crore in a financial year from transactions with Indian users, or
• Interacts systematically and continuously with more than 300,000 Indian users online.

If a foreign business meets these criteria, income related to that presence is considered to arise in India and becomes taxable here. However, for countries with which India has a Double Taxation Avoidance Agreement (DTAA), these treaty protections prevail. As of October 2025, the SEP provisions are legally enforced but, in practice, limited by treaty conditions.

Digital Taxes and Equalisation Levy – Current Status

India had previously introduced the Equalisation Levy (EL) to capture tax from cross-border digital transactions. However, following global developments under the OECD’s Two-Pillar Framework, India has phased out these levies.

• The 2% levy on online sales by e-commerce operators was abolished from August 1, 2024.
• The 6% levy on online advertising services was discontinued from April 1, 2025.

With these withdrawals, the corresponding tax exemption under Section 10(50) has also been removed. Consequently, businesses that previously paid the Equalisation Levy are once again subject to regular income tax rules, including SEP and PE conditions.

Indirect Tax Obligations (GST/VAT)

While income tax relates to profits, indirect taxes like the Goods and Services Tax (GST) in India focus on consumption. These taxes follow the destination principle, which means tax is charged in the country where the goods or services are consumed, not where they are produced.

OIDAR Services

India classifies digital services such as cloud storage, streaming, and online data access under Online Information and Database Access or Retrieval (OIDAR) services.

• When such services are provided by a foreign supplier to an Indian consumer, the supplier must register for GST in India and collect Integrated GST (IGST).
• For business-to-business (B2B) transactions, the Reverse Charge Mechanism (RCM) applies — the Indian recipient pays the IGST on behalf of the foreign supplier.

This ensures tax compliance even when foreign service providers have no physical operation in India.

Marketplace Facilitators and TCS

In addition to direct taxes, digital marketplaces acting as intermediaries must collect Tax Collected at Source (TCS) under GST. At present, e-commerce operators are required to collect 1% on the net taxable value of goods or services sold through their platform. This TCS is remitted to the government and credited to the seller’s account, maintaining full traceability of online transactions.

Global Policy Developments – OECD’s Two-Pillar Approach

India’s evolving framework is closely linked with the OECD’s Two-Pillar solution, which seeks to bring consistency to global digital taxation.

• Pillar One (Amount A): Aims to reallocate a share of global profits from the world’s largest multinational companies to the markets where users or consumers are located, regardless of physical presence. India is expected to apply this framework starting in 2026.
• Pillar Two: Sets a 15% minimum global corporate tax rate for multinational enterprises with annual revenues above EUR 750 million. The rule ensures that no major economy loses revenue to tax havens.

India’s removal of its equalisation levy demonstrates alignment with this coordinated international tax model.

Conclusion

Cross-border e-commerce taxation has changed from being a vague topic to one that is governed by both domestic adaptation and international cooperation. Non-resident sellers must now comply with more than just GST registration; they also need to continuously comply with global reporting standards and assess their income tax exposure using ideas like SEP and PE.

In essence, the new regime seeks stability—a balance between encouraging digital trade and ensuring each jurisdiction gets its fair share of tax from the developing global digital economy.

The Supreme Court’s ruling in CIT v. Sun Engineering Works (P) Ltd. [(1992) 198 ITR 297 (SC)] clarified how reassessment under Section 147 of the Income-tax Act operates when earlier returns showed losses that were not calculated or given effect to in original proceedings. The decision strikes a careful balance: when escaped income is legitimately reopened, authorities may review total income afresh, but the reassessment process does not become a tool to press unrelated fresh claims.

The factual background

Sun Engineering filed returns for two assessment years showing business losses. The returns were delayed and treated by the assessing officer as invalid for assessment purposes, producing “nil” orders with no demand and no computation of those losses for set-off or carry-forward. Later, when undisclosed hundi loan receipts came to light, the department issued notices under Section 147 and carried out reassessments, adding income for those years and recomputing tax liabilities. The revenue sought to utilise the earlier reported losses against the newly discovered income; the assessee contested the scope of such recomputation and the tribunal proceedings that followed.

Issues before the Court

The controversy focused on two questions. First, does a valid reopening under Section 147 permit the assessing officer to revisit and recompute losses recorded in earlier returns which were not previously quantified? Second, can an assessee use reassessment proceedings to press fresh claims or seek relief that was earlier unadjudicated in the original assessment?

The Court’s ruling

The Supreme Court held that a validly initiated reassessment under Section 147 confers power to view and compute the assessee’s total income afresh. Reassessment is not limited to merely taxing the item of escaped income in isolation. Where losses had previously been admitted by the assessee but not quantified, the assessing officer must determine those losses so that proper set-off against newly assessed income and any lawful carry-forward can be given effect to. This follows the integrated logic of the code where charge and computation work together.

At the same time, the Court drew a clear limitation. Reassessment does not authorise the reopening of settled, final issues or permit taxpayers to reopen wholly independent claims which were previously waived or conclusively decided. The court emphasised fairness and finality while allowing the revenue the necessary power to determine the correct tax after an escape has been discovered.

Principles defined

From the decision the following practical principles emerge:

• A Section 147 reassessment, if valid, permits a de novo examination of total income and necessitates appropriate computation of admitted but unquantified losses.
• Losses must be computed where relevant so that rules for set-off and carry-forward can operate correctly.
• The assessee cannot use reassessment as a forum to press unrelated new claims or to relitigate matters finally concluded.
• The procedure must be exercised within the law’s safeguards to prevent fishing expeditions.

Practical impact

Sun Engineering guides tax administrators and practitioners. When reopening, officers must not confine themselves to isolated additions if the effect can only be given by recomputing related heads such as business losses. Conversely, taxpayers must assert claims timely and not rely on reassessment to obtain relief that should have been sought earlier. In the modern era, procedural safeguards introduced by newer provisions and case law continue to refine reassessment practice, but the Sun Engineering balance between full inquiry and finality remains influential.

Conclusion

CIT v. Sun Engineering Works provides a balanced approach to reassessment: authorities get the power to reconstruct a correct taxable income where escapes are identified, including calculation of pre-existing losses, while taxpayers keep safeguards against reopening settled matters or pressing fresh, unrelated claims. The decision continues to shape reassessment practice and remains a leading authority on the permitted scope and limits of Section 147 proceedings.