Manager - Direct Tax
Non-Banking Financial Companies (NBFCs) have emerged as vital financial intermediaries in India, offering credit to individuals and businesses across sectors. With their growing role, the government has tightened tax compliance norms—particularly under Section 194A of the Income Tax Act, which governs Tax Deducted at Source (TDS) on interest payments. This article provides a comprehensive overview of TDS applicability on NBFCs, compliance requirements, recent updates and practical challenges.
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In India’s evolving financial landscape, Non-Banking Financial Companies (NBFCs) have emerged as crucial players, bridging the credit gap for individuals and businesses underserved by traditional banks. Their flexibility, reach and innovative lending models have made them indispensable to sectors like MSMEs, consumer finance and rural credit.
However, with this growing influence comes increased regulatory oversight, especially in the realm of taxation. One of the key areas of concern is the applicability of Tax Deducted at Source (TDS) on interest payments made to NBFCs. Unlike banks and certain financial institutions that enjoy exemptions under Section 194A of the Income Tax Act, NBFCs are squarely within the ambit of TDS provisions, making it mandatory for borrowers to deduct and deposit tax on interest payments.
This article delves into the legal framework, compliance requirements, practical challenges and recent updates surrounding TDS on NBFCs, offering a comprehensive guide for businesses, tax professionals and financial advisors navigating this complex terrain in FY 2025–26.
Section 194A mandates TDS on interest payments (excluding interest on securities) made to residents. While banks, insurance companies and certain institutions are exempt, NBFCs are not making them liable for TDS deduction at 10% on interest income received.
Key Applicability Highlights:
Particulars | Details |
Payer | Individuals (subject to audit), HUFs, firms, companies |
Payee | NBFCs registered with the RBI |
Type of Income | Interest (excluding securities) |
Threshold Limit | ₹10,000 (general), ₹50,000 (senior citizens from banks), ₹40,000 (others from banks) |
TDS Rate | 10% (with PAN), 20% (without PAN) |
The Finance Act 2025 introduced revised threshold limits for TDS under Section 194A:
This change aims to simplify compliance and widen the tax base.
Borrowers making interest payments to NBFCs must follow a structured process to ensure TDS compliance:
Step-by-Step Process:
Despite clear legal mandates, businesses face practical hurdles:
Failure to deduct or deposit TDS can lead to:
Scenario: A company borrows ₹50 lakh at 12% interest.
If TDS is not deducted:
To simplify TDS compliance, the government has:
The inclusion of NBFCs under Section 194A marks a significant shift in India’s tax landscape. While it promotes transparency and accountability, it also imposes operational challenges on borrowers. Businesses must adopt robust systems, stay updated with legal changes and proactively manage TDS obligations to avoid penalties and maintain tax compliance.
Fact I :
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In Favour of: The assessee
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It has been brought to the notice of the Central Board of Direct Taxes (‘the Board’) that CPC-Bengaluru (CPC) has received grievances regarding erroneous invalidation, due to various technical reasons, while processing the returns filed electronically for different assessment years. The time period for processing these returns has lapsed, the latest being 31.12.2024 for AY 2023-24. Therefore, these returns need to be validated and processed as per the law.
The Income Tax Department initiated a large-scale verification operation across multiple locations in the country on 14th July 2025, targeting individuals and entities facilitating fraudulent claims of deductions and exemptions in Income Tax Returns (ITRs). This action follows a detailed analysis of the misuse of tax benefits under the Income-tax Act, 1961, often in collusion with professional intermediaries.
Investigations have uncovered organized rackets operated by certain ITR preparers and intermediaries, who have been filing returns claiming fictitious deductions and exemptions. These fraudulent filings involve the abuse of beneficial provisions, with some even submitting false TDS returns to claim excessive refunds.
To identify suspicious patterns, the Department has leveraged financial data received from third-party sources, ground-level intelligence and advanced artificial intelligence tools. These findings are further substantiated by recent search and seizure operations conducted in Maharashtra, Tamil Nadu, Delhi, Gujarat, Punjab and Madhya Pradesh, where evidence of fraudulent claims was found to have been used by various groups and entities.
Analysis reveals rampant misuse of deductions under sections 10(13A), 80GGC, 80E, 80D, 80EE, 80EEB, 80G, 80GGA and 80DDB. Exemptions have been claimed without a valid justification. Employees of MNCs, PSUs, government bodies, academic institutions and entrepreneurs are among those implicated. Taxpayers are often lured into these fraudulent schemes with promises of inflated refunds in return for a commission. Despite a fully e-enabled tax administration system, ineffective communication remains a significant hurdle in assisting taxpayers. It has been observed that such ITR preparers often create temporary email IDs solely for filing bulk returns, which are later abandoned, resulting in official notices going unread.
In line with its guiding principle of ‘Trust Taxpayers First’, the Department has emphasized voluntary compliance. Over the past year, the Department has carried out extensive outreach efforts, including SMS and email advisories, nudging suspected taxpayers to revise their returns and pay the correct tax. Physical outreach programs, both on and off campus, have also been conducted. As a result, approximately 40,000 taxpayers have updated their returns in the last four months, voluntarily withdrawing false claims amounting to ₹1,045 crore. However, many remain non-compliant, possibly under the influence of the masterminds behind these evasion rackets.
The Department is now poised to take stern action against continued fraudulent claims, including penalties and prosecution wherever applicable. The ongoing verification exercise across 150 premises is expected to yield crucial evidence, including digital records, that will aid in dismantling the networks behind these schemes and ensure accountability under the law.
Further investigations are currently underway.
Taxpayers are again advised to file correct particulars of their income and communication coordinates and not be influenced by advice from unauthorized agents or intermediaries promising undue refunds.
PRESS RELEASE, DATED 14-7-2025
SECTION 10(46) OF THE INCOME-TAX ACT, 1961 – EXEMPTIONS – STATUTORY BODY/AUTHORITY/BOARD/COMMISSION – NOTIFIED BODY OR AUTHORITY
NOTIFICATION S.O. 3559(E) [NO. 129/2025/F.NO. 300196/44/2024-ITA-I], DATED 1-8-2025
In exercise of the powers conferred by clause (46) of section 10 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies for the purposes of the said clause, ‘West Bengal Municipal Development Fund Trust’ (PAN: AAATW1661P), a Trust constituted by the State Government of West Bengal, in respect of the following specified income arising to that Trust, namely:
(a) Interest from Bank deposits,
(b) Interest on Term loan to Urban Local Bodies,
(c) Upfront processing fees.
(a) shall not engage in any commercial activity;
(b) activities and the nature of the specified income shall remain unchanged throughout the financial years; and
(c) shall file a return of income in accordance with the provision of clause (g) of sub-section (4C) of section 139 of the Income-tax Act, 1961.
Form 10CCD | Certificate under sub-section (3) of section 80QQB for authors of certain books in receipt of royalty income, etc. (if the due date of submission of return of income is July 31, 2025) |
Form 10CCE | Certificate under sub-section (2) of section 80RRB for Patentees in receipt of royalty income, etc. (if the due date of submission of return of income is July 31, 2025) |
Form 10CCF | Report under section 80LA(3) of the Income-tax Act, 1961 (if the due date of submission of return of income is July 31, 2025) |
Form 10-EE | Taxation of income from a retirement benefit account maintained in a notified country (if the due date of submission of return of income is July 31, 2025) |
Form 10H | Certificate of foreign inward remittance (if the due date of submission of return of income is July 31, 2025) |
Form 10IA | Certificate of the medical authority for certifying a person with disability, severe disability, autism, cerebral palsy and multiple disabilities for purposes of section 80DD and section 80U (if the due date of submission of return of income is July 31, 2025) |
Form 10-IF | Application for exercise of option under sub-section (5) of section 115BAD of the Income-tax Act, 1961 (if due date of submission of return of income is July 31, 2025) |
Form 10IG | Statement of Exempt income under clause (4D) of section 10 of the Income-tax Act, 1961 (if the due date of submission of return of income is July 31, 2025) |
Form 10IH | Statement of income of a Specified fund eligible for concessional taxation under section 115AD of the Income-tax Act, 1961 (if the due date of submission of return of income is July 31, 2025) |
Form 10-IK | Annual Statement of Exempt Income under sub-rule (2) of rule 21AJA and taxable income under sub-rule (2) of rule 21AJAA (if due date of submission of return of income is July 31, 2025) |
Form 10-II | Statement of exempt income under clause (23FF) of section 10 of the Income-tax Act, 1961 (if due date of submission of return of income is July 31, 2025) |
Form 3CFA | Form for opting for taxation of income by way of royalty in respect of Patent (if due date of submission of return of income is July 31, 2025) |
Form 3CT | Income attributable to assets located in India under section 9 of the Income-tax Act, 1961 (if due date of submission of return of income is July 31, 2025 |
Form 56FF | Particulars to be furnished under clause (b) of sub-section (1B) of section 10A of the Income-tax Act, 1961 (if due date of submission of return of income is July 31, 2025) |
Form 5C | Details of the amount attributed to capital asset remaining with the specified entity (if the due date of submission of return of income is July 31, 2025) |
Form 10BA | Declaration to be filed by the assessee claiming deduction under section 80GG (if the due date of submission of return of income is July 31, 2025) |
Form 10E | Form for furnishing particulars of income under section 192(2A) for claiming relief u/s 89 (if due date of submission of return of income is July 31, 2025) |
Form 10FC | Authorization for claiming deduction in respect of any payment made to any financial institution located in a Notified jurisdictional area. (if the due date of submission of return of income is July 31, 2025) |
Form 10BBC | Certificate of an accountant in respect of compliance to the provisions of clause (23FE) of section 10 of the Income-tax Act, 1961 by the notified Pension Fund |
Form 10-IEA | Application for exercise of option under clause (i) of sub-section (6) of section 115BAC or withdrawal of option under the proviso to sub-section (6) of section 115BAC of the Income-tax Act, 1961 (if due date of submission of return of income is July 31, 2025) |
Form 24G | Due date for furnishing of Form 24G by an office of the Government where TDS/TCS for August, 2025 |
Form 3BB | Monthly statement to be furnished by a stock exchange in respect of transactions in which client codes have been modified after registering in the system for August, 2025 |
Form 3BC | Monthly statement to be furnished by a recognised association in respect of transactions in which client codes have been modified after registering in the system for August, 2025 |
Form 10BBC | Certificate of an accountant in respect of compliance to the provisions of clause (23FE) of section 10 of the Income-tax Act, 1961 by the notified Pension Fund |
Event | Description |
Form 3CA_CD Form 3CB_CD | Due date for filing of audit report under section 44AB for the Assessment Year 2025-26 in the case of a corporate assessee or non-corporate assessee (who is required to submit his/its return of income on October 31, 2025 |
Form 26QB | Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IA in August, 2025 |
Form 26QC | Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IB in August, 2025 |
Form 26QD | Due date for furnishing of challan cum statement in respect of tax deducted under section 194M in August, 2025 |
Form 26QE | Due date for furnishing of challan cum statement in respect of tax deducted under section 194S in August, 2025 |
Form 66 | Audit Report under clause (ii) of section 115VW of the Income-tax Act, 1961 (if the due date of submission of return of income is October 31, 2025) |
Form 10B | Audit report under clause (b) of the tenth proviso to clause (23C) of section 10 and sub-clause (ii) of clause (b) of subsection (1) of section 12A of the Income-tax Act, 1961, in the case of a fund or trust or institution or any university or other educational institution or any hospital or other medical institution. (if the due date of submission of return of income is October 31, 2025) |
Form 10BB | Audit report under clause (b) of the tenth proviso to clause (23C) of section 10 and sub-clause (ii) of clause (b) of sub-section (1) of section 12A of the Income-tax Act, 1961, in the case of a fund or trust or institution or any university or other educational institution or any hospital or other medical institution which is required to be furnished under clause (b) of the tenth proviso to clause (23C) of section 10 or a trust or institution which is required to be furnished under sub-clause (ii) of clause (b) of section 12A (if due date of submission of return of income is October 31, 2025) |
Form 10CCB | Audit report under sections 80-I(7)/ 80-IA(7)/ 80-IB/ 80-IC/80-IAC/80-IE (if due date of submission of return of income is October 31, 2025) |
Form 10DA | Report under section 80JJAA of the Income-tax Act, 1961 (if the due date of submission of return of income is October 31, 2025 |
Form 10-IJ | Certificate to be issued by an accountant under clause (23FF) of section 10 of the Income-tax Act, 1961 (if the due date of submission of return of income is October 31, 2025) |
Form 10-IL | Verification by an Accountant under sub-rule (3) of rule 21AJA Verification (if the due date of submission of return of income is October 31, 2025) |
Form 29B | Report under section 115JB of the Income-tax Act, 1961 for computing the book profits of the company (if the due date of submission of return of income is October 31, 2025) |
Form 29C | Report under section 115JC of the Income-tax Act, 1961 for computing Adjusted Total Income and Alternate Minimum Tax of the person other than a company (if the due date of submission of return of income is October 31, 2025 |
Form 3AC | Due date for filing audit report under section 33AB(2) (if due date of submission of return of income is October 31, 2025 |
Form 3AD | Due date for filing audit report under section 33ABA(2) (if due date of submission of return of income is October 31, 2025 |
Form 3AE | Audit Report under section 35D(4)/35E(6) of the Income-tax Act, 1961 (if due date of submission of return of income is October 31, 2025) |
Form 3AF | Statement regarding preliminary expenses incurred to be furnished under the proviso to clause (a) of sub-section (2) of section 35D of the Income-tax Act, 1961 by the assessee (if due date of submission of return of income is October 31, 2025) |
Form 3CE | Audit report under sub-section (2) of section 44DA of the Income-tax Act, 1961 (if due date of submission of return of income is October 31, 2025) |
Form 3CEA | Report of an accountant to be furnished by an assessee under sub-section (3) of section 50B of the Income-tax Act, 1961, relating to computation of capital gains in case of slump sale (if the due date of submission of return of income is October 31, 2025) |
Form 9A | Application for exercise of option under clause (2) of the Explanation to sub-section (1) of section 11 of the Income-tax Act, 1961 (if the assessee is required to submit a return of income on November 30, 2025) |
Audit Report SWF | Audit report to be filed by the Sovereign Wealth Fund claiming exemption under clause (23FE) of section 10 of the Income-tax Act, 1961. (if the due date of submission of return of income is October 31, 2025) |
Form 10 | Statement to be furnished to the Assessing Officer/Prescribed Authority under clause (a) of the Explanation 3 to the third proviso to clause (23C) of section 10 or under clause (a) of sub-section (2) of section 11 of the Income-tax Act, 1961 (if the assessee is required to submit return of income on November 30, 2025) |
Form 62 | Certificate from the principal officer of the amalgamated company and duly verified by an accountant regarding achievement of the prescribed level of production and continuance of such level of production in subsequent years. (if the due date of submission of return of income is October 31, 2025) |
Form 56F | Report under section 10AA of the Income-tax Act, 1961 (if due date of submission of return of income is October 31, 2025) |
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