Income Tax Act, 2025  ·  Chapter XVIII — Collection and Recovery of Tax  ·  Section 394

Section 394
Collection of tax at source

IT Act 2025 Chapter XVIII Effective 1 April 2026 Old: 534 206C
New Provision
Section 394, IT Act 2025
Replaces (IT Act 1961)
534 206C
Chapter
Chapter XVIII — Collection and Recovery of Tax
Effective From
1 April 2026
Statutory Text — Section 394

very person, as specified in column C of the Table below shall collect tax–– (a) on receipts specified in column B; (b) at the rate as specified in column D; and (c) at the time of debiting of the amount payable by the buyer or licensee or lessee to the account of the buyer or licensee or lessee or at the time of receipt of such amount from the said buyer or licensee or lessee in cash or by way of a cheque or a draft or any other mode, whichever is earlier. Table TAX COLLECTION AT SOURCE Sl. Nature of receipt Person Rate of No. Tax Collected at Source A B C D 1. Sale of alcoholic liquor for human Seller. 1% consumption. 2. Sale of tendu leaves. Seller. 5% 3. Sale of timber whether obtained under Seller. 2% a forest lease or otherwise; or any other forest produce (not being timber or tendu leaves) obtained under a forest lease. 4. Sale of scrap. Seller. 1% 5. Sale of minerals, being coal or lignite or Seller. 1% iron ore. 6. Sale consideration exceeding ten Seller. 1% lakh rupees in case of— (a) motor vehicle; or (b) any other goods, as may be notified by the Central Government. 7. Remittance under the Liberalised Authorised (a) 5% for Remittance Scheme of an amount dealer. purposes of or aggregate of the amounts exceeding education or ten lakh rupees— medical

Sl. Nature of receipt Person Rate of No. Tax Collected at Source A B C D treatment; (b) 20% for purposes other than education or medical treatment. 8. Sale of “overseas tour programme Seller. (a) 5% of package” including expenses for travel amount or or hotel stay or boarding or lodging or aggregate of any such similar or related expenditure. amounts up to ten lakh rupees; (b) 20% of amount or aggregate of amounts exceeding ten lakh rupees. 9. Use of parking lot or toll plaza or Licensor 2% mine or quarry for the purpose of or Lessor. business, excluding mining and quarrying of mineral oil (including petroleum and natural gas). (2) Irrespective of anything contained in sub-section (1) (Table: Sl. Nos. 1 to 5), the collection of tax shall not to be made in respect of receipts specified in sub-section (1) (Table: Sl. Nos. 1 to 5) in respect of the buyer, who is a resident in India, if he furnishes a written declaration in duplicate in such form and manner, as may be prescribed, to the person responsible for collecting tax, mentioning that such goods are to be utilised–– (a) for the purposes of manufacturing, processing or producing articles or things or for generating power; and (b) not for trading purposes. (3) Where no collection of tax is to be made under sub-section (2), the person responsible for collecting tax shall deliver or cause to be delivered, one copy of the declaration referred to in that sub-section, to the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner, on or before the seventh day of the month following the month of receipt of that declaration. (4) The collection of tax shall not be made by the authorised dealer in respect

of receipt specified in sub-section (1) (Table: Sl. No.7),— (a) on such amount on which tax has been collected by the seller in respect of receipt referred to in sub-section (1) (Table: Sl. No.8); (b) if the amount being remitted out is a loan obtained from any financial institution as defined in section 129(3)(b), for the purpose of pursuing any education. (5) The collection of tax shall not be made by the authorised dealer or seller, in respect of receipt specified in sub-section (1) (Table: Sl. Nos. 7 and 8), if the buyer is liable to deduct tax at source under any other provisions of this Act and he has deducted such tax. (6) For the purposes of this section, “forest produce” shall have the same meaning as defined in any State Act for the time being in force, or in the Indian Forest Act, 1927.

Shahi & Co. — Our Understanding
This section falls under Chapter XVIII which deals with collection and recovery of tax — including TDS, advance tax, self-assessment tax, and recovery proceedings.
Practical Note: TDS compliance is one of the most heavily scrutinised areas in income tax. Failure to deduct, short deduction, or late deposit of TDS attracts interest, penalty, and disallowance of the related expenditure.
Shahi & Co., Chartered Accountants
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Disclaimer: This is a reproduction of Section 394 of the Income Tax Act, 2025 (No. 30 of 2025) as published in the Official Gazette of India (CG-DL-E-22082025-265620) for informational and reference purposes only. Shahi & Co., Chartered Accountants makes no warranty as to completeness or accuracy. For the official authenticated text refer to egazette.gov.in or incometaxindia.gov.in. This does not constitute legal or tax advice.