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IT / TDS

Tax Guide

What is Section 198 — tax deducted is deemed income of the recipient?

Key mapping

Section 198: All TDS deducted and deposited with the government is deemed to be the income of the recipient for the year in which TDS was deducted. The recipient can claim TDS credit against their tax liability.

Explanation

Section 198 of IT Act 1961 (§398 area in IT Act 2025) provides that TDS deducted from any payment is treated as income of the recipient in the year of deduction. This is why an employee who has TDS deducted on salary in April must declare the full salary (not net-of-TDS) in their ITR and then claim TDS credit. The credit appears in Form 26AS/AIS. Key point: if the payer deducts TDS but does not deposit it, the recipient still gets credit — the payer becomes liable to pay, not the deductee. Verify on the income-tax portal before filing.

Related terms and sections

Section 198TDS is incomeTDS creditForm 26ASdeemed incomeTDS deductee credit

Use this in practice

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Related sections

IT Act 2025 Section Mapper →All IT Act changes →

All section references are sourced from the Income Tax Act 2025 (official gazette, incometaxindia.gov.in) and cross-referenced against CBDT's comparative statement. Always verify on the official portal before filing. This page is for reference only and does not constitute legal or tax advice.