Section 393 — Tax to be deducted at source

Old Act equivalent: Sections 194A, 194C, 194H, 194I, 194J, 194N, 194Q, 194R, 194S, and all other 194-series of IT Act 1961 (consolidated) Sub-part: B.—Deduction and collection at source

Statutory Text

Sub-section (1) — Payments to Resident

  1. (1) Where any income or sum of the nature specified in column B of the Table below, is credited or paid or distributed by the person specified in column C during the tax year, to a resident, the person responsible for paying such income or sum shall deduct income-tax,—

(a) on the entire amount of such income or sum, where the amount or aggregate of amounts exceeds the threshold limit specified in column D, or on sum as per Note 1 for serial number 8(ii), as the case may be;

(b) at the rate specified in column D;

(c) at the time of credit of such income or sum to the account of the payee or at the time of its payment in cash or by way of a cheque or a draft or by any other mode, whichever is earlier; and

(d) subject to the provisions of sub-sections (4), (5), (6), (8) and (9).

Tables

TABLE 1 — FOR PAYMENTS TO RESIDENT [Sub-section (1)]

Sl. No.Nature of income or sum (B)Payer (C)Rate / Threshold limit (D)
1. Commission or brokerage
1(i)Insurance commission — any income by way of remuneration or reward, whether by way of commission or otherwise, for soliciting or procuring insurance business (including continuance, renewal or revival of insurance policies)Any personRate: Rates in force; Threshold: Rs. 20,000
1(ii)Commission (not being insurance commission referred to in 1(i)) or brokerageSpecified personRate: 2%; Threshold: Rs. 20,000
2. Rent
2(i)Any income by way of rentPerson other than specified personRate: 2%; Threshold: Rs. 50,000 for a month or part of a month
2(ii)Any income by way of rentSpecified personRate: (a) 2% for machinery/plant/equipment; (b) 10% for land/building (including factory building)/land appurtenant/furniture/fittings; Threshold: Rs. 50,000 for a month or part of a month
Note 1: In 2(i), tax deducted at time of (a) credit of rent to payee’s account, or (b) payment, whichever earlier, for the last month of the tax year or last month of tenancy.
3. Payment on transfer of certain immovable property other than agricultural land
3(i)Consideration for transfer of any immovable property (other than agricultural land)Person [other than those under 3(iii)]Rate: 1% of (a) consideration for transfer, or (b) stamp duty value, whichever is higher; Threshold: Rs. 50 lakh (as per Note 3)
3(ii)Consideration (not in kind) under agreement referred to in section 67(14) [JDA]Any personRate: 10%; Threshold: Nil
3(iii)Compensation or enhanced compensation/consideration on compulsory acquisition of immovable property (other than agricultural land)Any personRate: 10%; Threshold: Rs. 5,00,000
Note 1: Consideration = aggregate of amounts paid by all transferees to all transferors for threshold purposes.
Note 2: Where both 3(i) and 3(ii) apply, tax under 3(ii) only.
Note 3: Tax deducted under 3(i) where consideration or stamp duty value is Rs. 50 lakh or more.
4. Income from capital market
4(i)Income in respect of units of Mutual Fund (Schedule VII Table Sl. No. 20 or 21), units from Administrator of specified undertaking, or units from specified companyAny personRate: 10%; Threshold: Rs. 10,000
4(ii)Distributed income referred to in section 223 (Schedule V Table Sl. Nos. 3 and 4) payable to unitholder of Business TrustAny Business TrustRate: 10%; Threshold: Nil
4(iii)Income (other than exempt portion under Schedule V Table Sl. No. 2) in respect of units of investment fund under section 224, payable to unitholderAny Investment fund (s. 224)Rate: 10%; Threshold: Nil
4(iv)Income in respect of investment in securitisation trust under section 221Any securitisation trust (s. 221)Rate: 10%; Threshold: Nil
5. Interest income
5(i)Interest on securitiesAny personRate: Rates in force; Threshold: Rs. 10,000
5(ii)Interest other than interest on securitiesBanking company; co-operative society (banking); post office (notified scheme)Rate: Rates in force; Threshold: (a) Rs. 1,00,000 for senior citizen; (b) Rs. 50,000 for others
5(iii)Interest other than interest on securitiesSpecified person [other than those in 5(ii)]Rate: Rates in force; Threshold: Rs. 10,000
Note 1: For 5(ii) and 5(iii), where interest is on time deposits with banking company/co-operative society or deposits with housing finance company eligible under s. 32(e), and payer has not adopted core banking solutions, threshold computed per branch.
Note 2: Payer may adjust excess/deficiency in deductions during the tax year.
6. Payments to contractors, professional/technical fees, etc.
6(i)Sum for carrying out work (including supply of labour) per contract between contractor and designated personAny designated personRate: (a) 1% if contractor is individual/HUF; (b) 2% if other person; Threshold: (a) Rs. 30,000 per sum, and (b) Rs. 1,00,000 aggregate
6(ii)Sum for work per contract, or fees for professional services, or commission/brokerage (not insurance)Individual or HUF [other than those under 6(i), 6(iii), or 1(ii)]Rate: 2%; Threshold: Rs. 50 lakh
6(iii)Fees for professional services; fees for technical services; remuneration/fees/commission to director (other than salary under s. 392); royalty; any sum under s. 26(2)(h)Specified personRate: (a) 2% for technical services (not professional), royalty for cinematographic films, or call centre operations; (b) 10% in other cases; Threshold: (i) for (a),(b),(d),(e) of Col. B: Rs. 50,000; (ii) for director remuneration (c): Nil
Note: In 6(i), for work specified in s. 402(47)(e), tax deducted on (a) invoice value excluding material if separately specified, or (b) whole invoice value if not.
7. Dividend
7Any dividend (including preference shares dividend) declaredAny domestic companyRate: 10%; Threshold: Nil
Note: Tax deducted before distribution or payment of dividend.
8. Other cases
8(i)Sum under life insurance policy including bonus (other than exempt amount under Schedule II Table Sl. No. 2)Any personRate: 2% on income comprised in such sum; Threshold: Rs. 1,00,000
8(ii)Sum exceeding Rs. 50 lakh for purchase of any goodsAny person, being a buyerRate: 0.1%; Threshold: As per Note 1
8(iii)Total income of specified senior citizen after deductions (Chapter VIII) and rebate (s. 156)Specified bankRate: Rates in force; Threshold: As applicable
8(iv)Benefit or perquisite (cash or kind) arising from business/profession of any residentSpecified personRate: 10% of value or aggregate of values; Threshold: Rs. 20,000
8(v)Sum on account of sale of goods or provision of services by e-commerce participant, facilitated by e-commerce operatorAny e-commerce operatorRate: 0.1% of gross amount; Threshold: Nil
8(vi)Consideration for transfer of virtual digital assetAny personRate: 1%; Threshold: Nil
Note 1: (a) TDS under 8(ii) does not apply where tax deductible/collectible under other provisions; (b) Tax deducted on sum exceeding Rs. 50 lakh.
Note 2: 8(iv) applies to benefits/perquisites in cash or kind; payer must ensure tax deducted before providing.
Note 3: For 8(v): (a) takes precedence over other TDS provisions; (b) direct payments by purchaser deemed paid by e-commerce operator; (c) operator deemed person responsible; (d) if TDS under 8(v) or no TDS under s. 393(4) Table Sl. No. 11, no other TDS; (e) clause (d) does not apply to hosting advertisements or other non-connected services.
Note 4: Where both 8(v) and 8(vi) apply, tax deducted only under 8(vi).
Note 5: 8(iii) takes precedence over all other TDS provisions.
Note 6: For 8(iv) and 8(vi): where consideration/benefit is wholly in kind or partly in kind with insufficient cash, person responsible must ensure tax paid before releasing consideration/benefit. “Person responsible for providing” means the person providing benefit or, in case of company, the company itself including principal officer.

Sub-section (2) — Payments to Non-Resident

(2) Where any income or sum of the nature specified in column B of the Table below, is credited or paid by the person specified in column D during the tax year, to a non-resident specified in column C, the person responsible for paying such income or sum shall deduct income-tax on the amount of such income or sum,—

(a) at the rate specified in column E;

(b) at the time of credit of income or sum to the account of the payee or at the time of its payment in cash or by way of a cheque or a draft or by any other mode, whichever is earlier; and

(c) subject to the provisions of sub-sections (4), (8) and (9).

TABLE 2 — FOR PAYMENTS TO NON-RESIDENT [Sub-section (2)]

Sl. No.Nature of income or sum (B)Payee (C)Payer (D)Rate (E)
1Income referred to in s. 211 (sportsman/entertainer)(a) NR sportsman/athlete/entertainer (not citizen of India); or (b) NR sports association/institutionAny person20%
2Interest on foreign currency borrowing — under loan/long-term infrastructure bond (1 Jul 2012 – 30 Jun 2023) or long-term bond (1 Oct 2014 – 30 Jun 2023), approved by CGNR (not company) or foreign companyIndian company or business trust5%
3Interest on rupee denominated bond issued before 1 Jul 2023NR (not company) or foreign companyIndian company or business trust5%
4Interest on long-term bond or rupee denominated bond listed only on IFSC stock exchangeNR (not company) or foreign companyIndian company or business trust(a) 4% (issued 1 Apr 2020 – 30 Jun 2023); (b) 9% (issued on/after 1 Jul 2023)
5Interest incomeNR (not company) or foreign companyInfrastructure debt fund (Schedule VII Table Sl. No. 46)5%
6Distributed income under s. 223 (Schedule V Table Sl. No. 3)NR unitholder (not company) or foreign companyAny business trust(a) 5% for Sch V Sl. No. 3.B(a); (b) 10% for Sch V Sl. No. 3.B(b)
7Distributed income under s. 223 (Schedule V Table Sl. No. 4)NR unitholder (not company) or foreign companyAny business trustRates in force
8Income (other than exempt under Sch V Sl. No. 2) in respect of units of investment fund (s. 224)NR unitholder (not company) or foreign companyAny investment fund (s. 224)Rates in force
9Income in respect of investment in securitisation trust (s. 221)NR investor (not company) or foreign companyAny securitisation trust (s. 221)Rates in force
10Income in respect of units of Mutual Fund (Sch VII Sl. No. 20/21) or units from specified companyNR (not company) or foreign companyAny personAs per Note 2
11Income in respect of units referred to in s. 208Any offshore fundAny person10%
12Long-term capital gains from transfer of units (s. 208)Any offshore fundAny person12.5%
13Interest or dividends on bonds or GDRs (s. 209)Any non-residentAny person10%
14Long-term capital gains from transfer of bonds/GDRs (s. 209)Any non-residentAny person12.5%
15Income from securities (s. 210(1) Table Sl. No. 1)Any Foreign Institutional InvestorAny personAs per Note 2
16Income from securities (s. 210(1) Table Sl. No. 1)Specified fund (Sch VI Note 1(g))Any person10%
17Interest (other than Sl. Nos. 2-5) or any other sum chargeable under this Act (not being salary)NR (not company) or foreign companyAny personRates in force

Note 1: For Sl. Nos. 2, 3, 4 — interest limited to amount calculated at CG-approved rate.

Note 2: For Sl. Nos. 10 and 15 — rate is (a) 20%; or (b) rate per DTAA under s. 159(1)/(2) if lower, with certificate under s. 159(8).

Note 3: For Sl. No. 17 — (a) if interest paid by Government/PSU bank/public financial institution, TDS only at time of payment; (b) obligation extends to all persons resident or non-resident regardless of presence in India.


Sub-section (3) — Payments to Any Person

(3) Where any income or sum of the nature specified in column B of the Table below, is credited or paid by the person specified in column C during the tax year, to any person, the person responsible for making payment of such income or sum, shall deduct income-tax—

(a) on the entire amount of such income or sum, where the amount or aggregate of amounts exceed the threshold limit specified in column D, or on net winnings as per Note 1 of the Table;

(b) at the rate specified in column D;

(c) at the time of payment thereof in cash or by way of a cheque or a draft or by any other mode, or as specified therein; and

(d) subject to the provisions of sub-sections (4), (5), (6), (8) and (9).

TABLE 3 — FOR PAYMENTS TO ANY PERSON [Sub-section (3)]

Sl. No.Nature of income or sum (B)Payer (C)Rate / Threshold (D)
1Winnings (other than online games) from lottery, crossword puzzle, card game, other game, gambling or bettingAny personRate: Rates in force; Threshold: Rs. 10,000 per single transaction
2Winnings from online gameAny personRate: Rates in force; Threshold: As per Note 1
3Winnings from horse raceBookmaker or licensed personRate: Rates in force; Threshold: Rs. 10,000 per single transaction
4Income to person stocking/distributing/purchasing/selling lottery tickets, by way of commission/remuneration/prizeAny personRate: 2%; Threshold: Rs. 20,000
5Sum paid in cash from accounts (cash withdrawal)Banking company; co-operative society (banking); post officeRate: 2%; Threshold: (a) Rs. 3 crore for co-operative society; (b) Rs. 1 crore for others
6Amount referred to in s. 80CCA(2)(a) of IT Act 1961Any personRate: 10%; Threshold: Rs. 2,500
7Salary, remuneration, commission, bonus or interest to partner of firm (including capital account credit)Any person, being a firmRate: 10%; Threshold: Rs. 20,000

Note 1: For Sl. No. 2 — tax deducted (a) on net winnings in user account at end of tax year; (b) if withdrawal during year, at time of withdrawal on net winnings comprised therein and on remaining net winnings at year-end. Net winnings computed as prescribed.

Note 2: For Sl. Nos. 1 and 2 — where winnings wholly in kind or partly in kind with insufficient cash, person responsible must ensure tax paid before releasing winnings.

Note 3: For Sl. No. 4 — tax deducted at time of credit or payment, whichever earlier.


Sub-section (4) — No Deduction at Source (Exemptions Table)

(4) The deduction of tax at source shall not be made under the provisions referred to in column B of the Table below, in respect of the income or sum along with the conditions, specified in column C:

TABLE 4 — FOR NO DEDUCTION AT SOURCE [Sub-section (4)]

Sl. No.Provisions (B)Condition for no deduction (C)
1Commission/brokerage — s. 393(1) Table Sl. No. 1(ii)Commission/brokerage payable by BSNL or MTNL to public call office franchisees
2Rent — s. 393(1) Table Sl. No. 2(ii)Rent to business trust (REIT) for real estate asset owned directly by trust (Sch V Table Sl. No. 4)
3Compulsory acquisition — s. 393(1) Table Sl. No. 3(iii)Award/agreement exempt under s. 96 of RFCTLARR Act, 2013
4Units — s. 393(1) Table Sl. No. 4(i)Income is in the nature of capital gain
5Business trust units — s. 393(1) Table Sl. No. 4(ii)Income under Sch V Sl. No. 3.B(b), if SPV has not exercised option under s. 200
6Interest on securities — s. 393(1) Table Sl. No. 5(i)(a) Interest on: (i) National Development Bonds; (ii) notified debentures; (iii) CG/SG securities other than 8% Savings Bonds 2003, 7.75% Savings Bonds 2018, Floating Rate Savings Bonds 2020 (Taxable), or other notified securities; (b) Interest payable to: (i) LIC; (ii) GIC/four companies; (iii) any other insurer; (iv) business trust in respect of SPV securities (Sch V Table Sl. No. 3)
7Interest (other than securities) — s. 393(1) Table Sl. No. 5(ii)/(iii)(a) Payable to: (i) banking company or co-operative bank; (ii) financial corporation under Central/State Act; (iii) LIC; (iv) UTI; (v) insurance company/co-operative society; (vi) notified institutions (before 1 Apr 2020); (b) (i) Co-operative society (non-bank) to member; (ii) co-op to co-op; (iii) primary agricultural/credit society or land mortgage/development bank deposits; (iv) co-op society (non-time deposits before 1 Jul 1995) — except where co-op’s turnover exceeds Rs. 50 crore AND interest exceeds threshold; (c) (i) CG interest under tax Acts; (ii) notified CG deposit schemes; (iii) banking company (non-time deposits before 1 Jul 1995); (iv) Motor Accident Claims Tribunal — to individual, or to others if aggregate interest does not exceed Rs. 50,000 during tax year; (v) zero coupon bond interest from infrastructure/PSU/scheduled bank; (vi) interest under Sch V Table Sl. No. 3; (vii) firm to partner
8Contractors — s. 393(1) Table Sl. No. 6(i)(a) Goods carriage — contractor owns 10 or less goods carriages + declaration with PAN + prescribed particulars filed; (b) personal payments by individual/HUF
9Professional/technical fees — s. 393(1) Table Sl. No. 6(iii)Personal payments by individual/HUF
10Dividend — s. 393(1) Table Sl. No. 7Payable to: (a) LIC; (b) GIC/four companies; (c) any insurer; (d) business trust (SPV under Sch V Note 2); (e) notified persons; (f) individual shareholder if (I) paid by mode other than cash AND (II) amount does not exceed Rs. 10,000
11E-commerce — s. 393(1) Table Sl. No. 8(v)E-commerce participant being (a) individual or HUF, AND (b) gross sales/services Rs. 5 lakh or less, AND (c) PAN or Aadhaar furnished
12VDA — s. 393(1) Table Sl. No. 8(vi)Value or aggregate value does not exceed: (a) Rs. 50,000 by individual/HUF with turnover up to Rs. 1 crore (business) or Rs. 50 lakh (profession) or no business income; (b) Rs. 10,000 by any other person
13NR business trust — s. 393(2) Table Sl. No. 6Income under Sch V Sl. No. 3.B(b), SPV not exercised option under s. 200
14NR investment fund — s. 393(2) Table Sl. No. 8Income not chargeable to tax under this Act
15NR units (UTI) — s. 393(2) Table Sl. No. 10Payable to NR Indian or NR HUF, subject to prescribed conditions
16FII securities — s. 393(2) Table Sl. No. 15Capital gains from transfer of securities under s. 210
17Specified fund securities — s. 393(2) Table Sl. No. 16Income exempt per Sch VI Table Sl. Nos. 1-4
18Cash withdrawal — s. 393(3) Table Sl. No. 5Payment to: (a) Government; (b) banking company/co-op/post office; (c) business correspondent of bank; (d) white label ATM operator
19NSS deposits — s. 393(3) Table Sl. No. 6Payment to heirs of assessee

Sub-section (5) — Universal Exemption from TDS

(5) Irrespective of anything contained in this Chapter, the tax shall not be deducted by any person from any amount payable to—

(a) the Government; or

(b) the Reserve Bank of India; or

(c) a corporation established by or under a Central Act which is, under any law in force, exempt from income-tax on its income; or

(d) a Mutual fund as specified at Schedule VII (Table: Sl. No. 20 or 21), where such amount is payable to it by way of— (A) interest; or (B) dividend in respect of any securities or shares owned by it or in which it has full beneficial interest; or (C) any other income accruing or arising to it.


Sub-section (6) — Declaration for No Deduction at Source (Form 15G/15H equivalent)

(6)(a) The deduction of tax shall not be made under provisions referred to in column C of the Table below, in the case of a person as specified in column B, if such person furnishes to the person responsible for paying any income or sum of the nature referred to in such provisions, a written declaration in duplicate in such form and manner as may be prescribed that the tax on such person’s estimated total income of the tax year in which such income or sum is to be included in computing his total income shall be nil.

TABLE 5 — DECLARATION FOR NO DEDUCTION AT SOURCE [Sub-section (6)]

Sl. No.Person (B)Provisions for TDS (C)
1Individual being a resident(a) PF accumulated balance — s. 392(7); (b) Insurance commission — s. 393(1) Table Sl. No. 1(i); (c) Rent — s. 393(1) Table Sl. No. 2(ii); (d) Units income — s. 393(1) Table Sl. No. 4(i); (e) Interest — s. 393(1) Table Sl. Nos. 5(i), (ii), (iii); (f) Life insurance — s. 393(1) Table Sl. No. 8(i); (g) Dividend — s. 393(1) Table Sl. No. 7
2Any person not being a company or firm or individual covered in Sl. No. 1Sl. No. 1.C(a) to (f) [excludes dividend]

Note: This sub-section does not apply to a person (other than resident individual aged 60+ during tax year) if aggregate amounts under column C exceed the maximum amount not chargeable to tax.

Following clause (b) shall be inserted after clause (a) of sub-section (6) by the Finance Act, 2026, w.e.f. 1-4-2027:

(b) The declaration referred in clause (a) may also be furnished electronically to a depository, where— (i) the income is from units, interest on securities or dividends (s. 393(1) Table 4(i), 5(i) or 7); (ii) such units or securities are held with such depository; and (iii) such securities are listed on a recognised stock exchange, in accordance with prescribed procedure and manner.


Sub-section (7)

(7) The person responsible for paying any income or sum of the nature referred to in sub-section (6) shall deliver or cause to be delivered, such declaration referred therein, received from the person, as specified in column B of the Table in sub-section (6) or the depository, to the prescribed income-tax authority, on or before the seventh day of the month immediately following the end of each quarter in which declaration is furnished to him as per sub-section (6).


Sub-section (8)

(8) Irrespective of anything contained in sub-section (6), the deduction of tax shall not be made from the interest paid by an Offshore Banking Unit on borrowing from or deposit made on or after 1st April, 2005, by a non-resident or a person not ordinarily resident in India.


Sub-section (9)

(9) Irrespective of anything contained in this Chapter, the deduction of tax shall not be made from any payment to a person for, or on behalf of, the New Pension System Trust referred to in Schedule VII (Table: Sl. No. 41).


Sub-section (10) — Grossing Up

(10) In a case other than that referred to in section 392(2)(a), where under an agreement or an arrangement, if the tax chargeable on any income of the recipient referred to in this Chapter is to be borne by the payer, then, for the purposes of deduction of tax, the income shall be increased to an amount which after deduction of tax as per provisions of this Chapter becomes equal to the net amount payable under such agreement or arrangement.


Sub-section (11) — Suspense Account deemed credit

(11) The credit of any income or sum to any account, whether called “suspense account” or by any other name, in the books of account of the person liable to pay such income or sum, shall be deemed to be the credit of such income or sum to the account of the payee and the provisions of this Chapter shall apply accordingly.

Provisos

None.

Explanations

None.

Key Structure

  • Applies to: Every person responsible for paying specified income or sums to residents (sub-section 1), non-residents (sub-section 2), and any person (sub-section 3).
  • Conditions: Credit or payment of income/sum of specified nature; exceeding threshold limits where applicable; at the earlier of credit or payment (for sub-sections 1 and 2), or at time of payment (sub-section 3).
  • Time limits: At the time of credit or payment, whichever earlier (sub-sections 1, 2); at time of payment (sub-section 3). Declaration under sub-section (6) to be forwarded by 7th of month following end of quarter.
  • Monetary limits: See individual Table entries above. Key thresholds: interest Rs. 10,000/50,000/1,00,000; rent Rs. 50,000/month; contract Rs. 30,000 single/Rs. 1,00,000 aggregate; immovable property Rs. 50 lakh; goods purchase Rs. 50 lakh; VDA Rs. 10,000/50,000; cash withdrawal Rs. 1 crore/3 crore; life insurance Rs. 1,00,000.
  • Exceptions: Sub-section (4) table lists 19 exemption categories; sub-section (5) exempts Government, RBI, exempt corporations, Mutual Funds; sub-section (6) allows nil deduction declarations; sub-sections (8)-(9) exempt OBU deposits and NPS Trust.

Cross-References

  • s392 — salary TDS (carved out from this section).
  • s394 — TCS provisions.
  • s395 — lower/nil deduction certificates.
  • s397 — TAN, PAN, returns, statements.
  • s398 — consequences of non-deduction.
  • s400 — CG power to relax TDS.
  • s402 — definitions (specified person, designated person, buyer, rent, work, etc.).
  • s67 — capital gains charging (referenced in Table 1 Sl. No. 3(ii) for JDA).

Amendment Notes

  • Finance Act, 2026 amendments noted: Sl. No. 3(i) substitution; sub-section (6)(b) electronic declaration to depository (w.e.f. 1-4-2027); sub-section (7) quarterly delivery substituted for monthly; s. 397(1)(c) re-substituted.
  • TCS rates for alcoholic liquor, tendu leaves, scrap, minerals, LRS education/medical, overseas tour revised by Finance Act, 2026.

Practical Notes

  • This section consolidates ALL old 194-series TDS provisions into a single section with three structured tables — the most significant structural change in the new Act for TDS compliance.
  • Practitioners should cross-reference the “specified person” and “designated person” definitions in section 402 to determine applicability.
  • The Rs. 50 lakh threshold for individual/HUF under Sl. No. 6(ii) represents a significant coverage expansion — even non-audit individuals/HUFs must deduct TDS on large contractor/professional payments.
  • [Verification Pending] — Table formatting extracted from multi-column PDF layout. Some rate/threshold entries may need verification against the original tabular format in the gazette.
  • Circular 13/2021
  • Circular 3/2022
  • Circular 5/2021
  • Circular 715/1995