Section 402
Section 402: definitions for the collection and recovery of tax chapter
Section 402 is the glossary for Chapter XIX. It defines the terms used across Sections 390 to 401 - who counts as a "buyer" or "seller" for TCS, what "rent", "work", "commission or brokerage" and "professional services" mean, and the income thresholds that make a person a "specified person" or "designated person" for TDS purposes.
This explanation is AI-assisted and pending review by our CA/CS team. It is general information, not professional advice - always cross-check against the bare law text above or talk to our tax team for guidance specific to your situation.
Selected key definitions
- "Specified person" generally means any person other than an individual or HUF, or an individual/HUF whose total sales, gross receipts or turnover from business exceeds ₹1 crore (or from profession exceeds ₹50 lakh) in the immediately preceding tax year.
- "Designated person" (for contractor payments under Section 393(1) [Table Sl. No. 6(i)]) includes the Government, local authorities, statutory corporations, companies, co-operative societies, certain authorities/societies/trusts/universities, foreign Governments/enterprises, firms, and an individual/HUF whose turnover exceeds ₹1 crore (business) or ₹50 lakh (profession) in the preceding tax year.
- "Rent" means any payment under a lease, sub-lease, tenancy or similar arrangement for the use of land, building (including factory building), land appurtenant to a building, machinery, plant, equipment, furniture or fittings - though for the Section 393(1) [Table Sl. No. 2(i)] rate, only payments for land, building and land appurtenant to a building count as "rent".
- "Work" (for contractor TDS) includes advertising; broadcasting and telecasting (including production for it); carriage of goods or passengers other than by railways; catering; and manufacturing/supplying a product to a customer's specification using material purchased from that customer or its associate - but excludes manufacturing/supplying using material bought from someone else, and (from the Finance Act, 2026) includes supply of manpower to work under another person's supervision, control or direction.
- "Professional services" means services rendered in the course of the legal, medical, engineering, architectural, accountancy, technical consultancy, interior decoration or advertising professions, or any other profession notified by the Board.
- "Seller" (for TCS on liquor, tendu leaves, timber, forest produce, scrap, minerals or motor vehicles) generally means the Government, local authorities/statutory corporations, companies/firms/co-operative societies, or an individual/HUF whose turnover exceeds ₹1 crore (business) or ₹50 lakh (profession) in the preceding tax year.
- "Buyer" is separately defined, table-wise, for goods purchase TDS (Section 393(1) [Table Sl. No. 8(ii)]), TCS on specified goods, motor vehicles, LRS remittances and overseas tour packages - each with its own exclusions (e.g. public sector companies, Government/embassies, retail buyers for personal consumption).
- "Fees for technical services" and "royalty" carry the meanings assigned in Section 9(7)(b) and Section 9(6)(b) respectively.
- "Specified senior citizen" means a resident individual aged 75 or more, with only pension income and interest from an account with the same specified bank, who has furnished the prescribed declaration to that bank.
- "E-commerce operator" means a person who owns, operates or manages a digital or electronic facility or platform for electronic commerce; an "e-commerce participant" is a person resident in India selling goods or providing services (including digital products) through such a facility or platform.
- "Immovable property" (for TDS on property transfer) means any land other than agricultural land, or any building or part of a building.
- "Person responsible for paying" is defined separately for salary payments, interest on securities, non-resident Indian foreign-exchange asset transfers, non-resident payment information reporting, and Government payments - generally the employer/payer or, for a company, the company itself including its principal officer.
Frequently asked questions
What turnover threshold makes an individual/HUF a "specified person" for TDS purposes?
Total sales, gross receipts or turnover exceeding ₹1 crore from business, or ₹50 lakh from profession, in the tax year immediately preceding the tax year in which the income or sum is credited or paid.
Does "work" for contractor TDS include supply of manpower?
Yes, following the Finance Act, 2026 amendment, which inserted "supply of manpower to a person to work under his supervision, control or direction" into the definition of "work" in Section 402(47).
Related sections
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