ITA 2025 · Chapter XIX
Chapter XIX
Sections in this chapter
- 390
Master Collection Framework
Section 390 is the substantive equivalent of 1961 s. 190 -- the foundational charging provision establishing that INCOME TAX shall be PAYABLE by way of: (a) DEDUCTION OR COLLECTION AT SOURCE; OR (b) ADVANCE PAYMENT (advance tax…
- 391
Direct Payment
Section 391 of the Income-tax Act, 2025 is the substantive equivalent of section 191 of the Income-tax Act, 1961. It establishes the residual rule that where TDS has not been deducted (or where an income falls outside the deduction net),…
- 392
Salary TDS
Section 392 of the Income-tax Act, 2025 corresponds substantively to sections 192 and 192A of the Income-tax Act, 1961. It is the cornerstone TDS provision for employer-employee remuneration, accommodating the dual-regime architecture…
- 393
Master TDS Provision
Section 393 is the MASTER TDS PROVISION consolidating 1961 ss. 192-196D into a single comprehensive section with extensive Tables. THE LARGEST SECTION IN THE ENTIRE ACT (~80K bytes verbatim). Covers ALL TDS categories: SALARY (192);…
- 394
TCS Framework
Section 394 is the substantive equivalent of 1961 s. 206 C -- the TAX COLLECTED AT SOURCE (TCS) framework targeting SELLER-SIDE collection on specified goods / services. The provision establishes that SELLER must COLLECT specified…
- 395
Certificates
Section 395 of the Income-tax Act, 2025 corresponds substantively to sections 197 (lower deduction certificate), 197A (declaration in Forms 15G/15H/15CA-CB) and the related certificate-issuance framework of the 1961 Act. It permits a…
- 396
Tax Deducted is Income Received
Section 396 of the Income-tax Act, 2025 is the substantive equivalent of section 198 of the Income-tax Act, 1961. It establishes the foundational principle that for purposes of computing the income of the assessee, tax deducted at source…
- 397
Compliance and Reporting
Section 397 of the Income-tax Act, 2025 consolidates the compliance and reporting framework that, under the 1961 Act, was distributed across sections 200(3) (quarterly statements), 203 (TDS certificates), 203A (TAN), 203AA (Form 26AS),…
- 398
Consequences of TDS-TCS Failure
Section 398 of the Income-tax Act, 2025 consolidates the consequences regime that, under the 1961 Act, was distributed across sections 201 (assessee in default), 201(1A) (interest), 206C(6)/(7) (TCS default), and 234E (late filing fee).…
- 399
Processing of TDS-TCS Statements
Section 399 of the Income-tax Act, 2025 is the substantive equivalent of section 200 A (TDS) and section 206 CB (TCS) of the Income-tax Act, 1961. It establishes the centralised processing mechanism for quarterly TDS/TCS statements at the…
- 400
CG Power to Relax
Section 400 of the Income-tax Act, 2025 is the substantive equivalent of section 197 A(1F) and the power to issue notifications under sections 192 to 196D / 206C of the 1961 Act. It empowers the Central Government to notify, by…
- 401
Bar Against Direct Demand
Section 401 of the Income-tax Act, 2025 is the substantive equivalent of section 205 of the Income-tax Act, 1961. It bars the Revenue from raising direct demand on an assessee for tax which has already been deducted at source by the…
- 402
Interpretation TDS-TCS Definitions
Section 402 of the Income-tax Act, 2025 is the consolidated definitional provision for Chapter XIX (TDS / TCS Sub-Chapter). Under the 1961 Act, definitions were scattered across Explanations to ss. 192, 193, 194, 194A, 194B, 194C, 194D,…
- 403
Liability for Payment of Advance Tax
Section 403 of the Income-tax Act, 2025 corresponds to s. 207 (FA 1987) of the Income-tax Act, 1961, restated within the consolidated advance tax framework of Chapter XIX. STATUTORY ARCHITECTURE Section 403 establishes the liability…
- 404
Conditions of Liability to Pay Advance Tax
Section 404 of the Income-tax Act, 2025 corresponds to s. 208 (FA 1987) of the Income-tax Act, 1961, restated within the consolidated advance tax framework of Chapter XIX. STATUTORY ARCHITECTURE Section 404 specifies the conditional…
- 405
Computation of Advance Tax
Section 405 of the Income-tax Act, 2025 corresponds to s. 209 (FA 1987) of the Income-tax Act, 1961, restated within the consolidated advance tax framework of Chapter XIX. STATUTORY ARCHITECTURE Computation rule: estimated total income…
- 406
Payment of Advance Tax by Assessee on his Own Accord
Section 406 of the Income-tax Act, 2025 corresponds to s. 210 (FA 1987) of the Income-tax Act, 1961, restated within the consolidated advance tax framework of Chapter XIX. STATUTORY ARCHITECTURE Self-assessment mechanism: assessee…
- 407
Payment of Advance Tax in Pursuance of Order of Assessing Officer
Section 407 of the Income-tax Act, 2025 corresponds to s. 210(3) /(4) (FA 1987) of the Income-tax Act, 1961, restated within the consolidated advance tax framework of Chapter XIX. STATUTORY ARCHITECTURE Where AO has reason to believe that…
- 408
Instalments of Advance Tax and Due Dates
Section 408 of the Income-tax Act, 2025 corresponds to s. 211 (FA 1987) of the Income-tax Act, 1961, restated within the consolidated advance tax framework of Chapter XIX. STATUTORY ARCHITECTURE Instalment schedule -- non-presumptive…
- 409
When Assessee is Deemed to be in Default
Section 409 of the Income-tax Act, 2025 corresponds to s. 218 (FA 1987) of the Income-tax Act, 1961, restated within the consolidated advance tax framework of Chapter XIX. STATUTORY ARCHITECTURE Where assessee fails to pay any instalment…
- 410
Credit for Advance Tax
Section 410 of the Income-tax Act, 2025 corresponds to s. 219 (FA 1987) of the Income-tax Act, 1961, restated within the consolidated advance tax framework of Chapter XIX. STATUTORY ARCHITECTURE Advance tax paid is treated as tax paid;…
- 411
Determination of Default
Section 411 of the Income-tax Act, 2025 corresponds to s. 218 / 220 (procedural) of the Income-tax Act, 1961, restated within the consolidated advance tax framework of Chapter XIX. STATUTORY ARCHITECTURE Procedural framework for AO to…
- 412
When Tax is Payable and When Assessee is in Default
Section 412 of the Income-tax Act, 2025 corresponds to s. 220 (FA 1987) of the Income-tax Act, 1961. STATUTORY ARCHITECTURE Section 412 establishes the timeline of demand. Tax raised by demand notice ( s. 156 ) is payable within 30 days…
- 413
Penalty Payable When Tax in Default
Section 413 of the Income-tax Act, 2025 corresponds to s. 221 (FA 1987) of the Income-tax Act, 1961. STATUTORY ARCHITECTURE Where assessee is in default in payment of tax, AO may impose penalty up to the amount of tax in arrears.…
- 414
Other Modes of Recovery
Section 414 of the Income-tax Act, 2025 corresponds to s. 226 (FA 1987) of the Income-tax Act, 1961. STATUTORY ARCHITECTURE Recovery modes: (a) attachment of debts / s. 226(3) garnishee notice on banks/debtors; (b) sale of movable /…
- 415
Recovery by Tax Recovery Officer
Section 415 of the Income-tax Act, 2025 corresponds to s. 222 / Sch II (Income-tax Rules) of the Income-tax Act, 1961. STATUTORY ARCHITECTURE TRO is empowered to draw up certificate of tax due and recover via Schedule II procedures: (a)…
- 416
Modes of Recovery
Section 416 of the Income-tax Act, 2025 corresponds to s. 222(1) / s. 226 (consolidated) of the Income-tax Act, 1961. STATUTORY ARCHITECTURE Detailed enumeration of recovery modes -- 88 lines in statutory text. Includes attachment,…
- 417
Recovery Through State Government
Section 417 of the Income-tax Act, 2025 corresponds to s. 227 of the Income-tax Act, 1961. STATUTORY ARCHITECTURE TRO may forward certificate to State Collector (or equivalent) for recovery as arrears of land revenue. Useful where State…
- 418
Recovery Through Court
Section 418 of the Income-tax Act, 2025 corresponds to s. 232 of the Income-tax Act, 1961. STATUTORY ARCHITECTURE AO may recover tax through Civil Court suit in addition to (not in lieu of) recovery under s. 415 / 416. Suit filed under…
- 419
Recovery in Pursuance of Agreements with Foreign Countries
Section 419 of the Income-tax Act, 2025 corresponds to s. 228 A of the Income-tax Act, 1961. STATUTORY ARCHITECTURE Recovery from / for foreign jurisdiction under DTAA mutual assistance article. India has entered into mutual collection…
- 420
Tax Clearance Certificate
Section 420 of the Income-tax Act, 2025 corresponds to s. 230 (FA 1959) of the Income-tax Act, 1961. STATUTORY ARCHITECTURE Persons leaving India may be required to obtain tax clearance certificate under specified circumstances.…
- 421
Recovery from Persons Holding Money on Behalf of Assessee
Section 421 of the Income-tax Act, 2025 corresponds to s. 226(3) of the Income-tax Act, 1961. STATUTORY ARCHITECTURE Garnishee notice mechanism. AO/TRO directs banks, debtors, employers, tenants holding money for the defaulter to remit it…
- 422
Liability of Manager of a Company
Section 422 of the Income-tax Act, 2025 corresponds to s. 179 of the Income-tax Act, 1961. STATUTORY ARCHITECTURE Director / manager of a private company in liquidation is jointly and severally liable for tax dues unless he proves…
- 423
Interest for Default in Furnishing Return
Section 423 of the Income-tax Act, 2025 corresponds to s. 234 A (FA 1989 from 1-4-1989) of the Income-tax Act, 1961. STATUTORY ARCHITECTURE Interest at 1% per month (or part of month) from due date u/s 139(1) [ s. 263 of 2025] to date of…
- 424
Interest for Default in Payment of Advance Tax
Section 424 of the Income-tax Act, 2025 corresponds to s. 234 B of the Income-tax Act, 1961. STATUTORY ARCHITECTURE Interest at 1% per month (or part of month) where: (a) advance tax paid is < 90% of assessed tax, OR (b) no advance tax…
- 425
Interest for Deferment of Advance Tax
Section 425 of the Income-tax Act, 2025 corresponds to s. 234 C of the Income-tax Act, 1961. STATUTORY ARCHITECTURE Interest for shortfall in instalments: 1% per month for 3 months (or 1 month for last instalment). Default benchmarks: 15%…
- 426
Interest on Excess Refund
Section 426 of the Income-tax Act, 2025 corresponds to s. 234 D of the Income-tax Act, 1961. STATUTORY ARCHITECTURE Where refund granted u/s 143(1) is found excess on regular assessment ( s. 143(3) ), interest at 0.5% per month from date…
- 427
Fee for Default in Furnishing Return of Income
Section 427 of the Income-tax Act, 2025 corresponds to s. 234 F (FA 2017) of the Income-tax Act, 1961. STATUTORY ARCHITECTURE Fee of INR 5,000 for late filing (after 31-Jul); INR 1,000 if total income < INR 5L. Levied automatically on…
- 428
Fee for Default in Furnishing Statements
Section 428 of the Income-tax Act, 2025 corresponds to s. 234 E of the Income-tax Act, 1961. STATUTORY ARCHITECTURE INR 200 per day for delay in filing TDS/TCS quarterly statements, capped at amount of TDS/TCS for that quarter. Mandatory;…
- 429
Fee for Default Relating to Statement or Information
Section 429 of the Income-tax Act, 2025 corresponds to Penalty regime under s. 271 FA / 271K of the Income-tax Act, 1961. STATUTORY ARCHITECTURE Fees for failure to furnish statements like SFT ( s. 285 BA), accountant's report under…
- 430
Fee for Default Relating to Intimation of Aadhaar Number
Section 430 of the Income-tax Act, 2025 corresponds to s. 234 H (FA 2021) of the Income-tax Act, 1961. STATUTORY ARCHITECTURE Fee up to INR 1,000 for failure to link PAN with Aadhaar by prescribed date. PAN becomes inoperative if not…