Skip to main content
Finin2minAction Guide · source-controlled
Income TaxUpdated 4 October 2026

Old Section 40(a)(ia) vs Income-tax Act 2025 Business Deduction Rules: TDS Default Mapping

Reviewed by Ravi Sisodia · Last reviewed 13 August 2026

Finin2min 2-Minute Summary

Section 35(b) is the current business-computation control

The Department's transition FAQ removes the ambiguity: section 35(b) corresponds to old section 40(a)(ia). For resident payments, 30% of the relevant sum can be disallowed when TDS that was required has not been deducted or, after deduction, has not been deposited up to the return due date. The tax computation should therefore identify the specific expenditure and not simply book a generic 'TDS disallowance provision'.

The deduction disallowance is only one layer. The deductor may separately face recovery as assessee-in-default, interest and other consequences under the TDS machinery. A tax-computation reversal does not by itself correct a TDS statement or extinguish interest.

The March-April transition needs event-date discipline

The official transition FAQ states that TDS is governed by the law in force when the earlier of credit or payment occurs. If professional fees are credited on 30 March 2026 and paid in April, the old Act controls that deduction event. If the credit/payment event first occurs on or after 1 April 2026, the new Act controls. Accounting systems should therefore preserve the trigger date rather than decide the statute from the bank-payment date alone.

Vendor masters should also be updated to the new TDS section numbering. The Department warns that using old section numbers for post-1-April events can create reporting/processing errors even when the rate and threshold have not changed.

Worked example: professional fee booked in May 2026

A company books Rs 8 lakh of resident professional fees in May 2026 but does not deduct the required TDS. At year-end the expense remains in P&L. The finance team should first establish the applicable TDS provision under the 2025 Act, quantify the TDS and interest exposure, correct the deduction/deposit/statement position, and separately determine the section 35(b) disallowance. If the payment conditions for later allowance are satisfied, the tax working should track the reversal in the appropriate tax year rather than permanently losing the expense.

TDS default close file

Questions readers commonly ask

What replaces old section 40(a)(ia)?

The Income Tax Department states that section 35(b) of the Income-tax Act, 2025 corresponds to old section 40(a)(ia).

Is the disallowance still 30%?

Yes, section 35(b) retains the 30% disallowance architecture for the covered resident-payment default.

If tax is deposited later, is the expense lost forever?

No. The section contains later-allowance mechanics; the tax working should track the amount to the year in which the statutory conditions are met.

Which Act applies to a March 2026 credit paid in April?

The official transition guidance uses the earlier of credit or payment. A March credit is therefore governed by the old Act even if payment occurs after 1 April.

Official / primary sources

Disclaimer

Educational and professional reference only; confirm the current law, rates and the facts of your case before relying on this page.

Calculate this

Work the numbers for this topic with a Finin2min tool.

Educational and professional reference only — not financial, tax or legal advice. Verify the current official position from the primary source before relying on any figure, rate, provision or deadline.