VittSphere ONE Calculators Blog CA Prabhakar Kumar · FCA · ICAI 560762
Case lawCBDT Circulars & Instructions › Statutory position — the proviso to s.57: only interest, capped at twenty per cent of the dividend, from AY 2021-22
CBDT Circulars & InstructionsCuts both wayss.57s.57(i)s.56s.2(22)(f)s.10(23D)s.10(35)s.115-Os.10(34)

Statutory position — the proviso to s.57: only interest, capped at twenty per cent of the dividend, from AY 2021-22

Dividends are taxable in my hands again. What can I actually deduct against dividend income, and is there a limit?

Dividends are taxable in my hands again. What can I actually deduct against dividend income, and is there a limit?

Only interest expense, and not more than twenty per cent of the dividend income included in your total income for that year computed without this deduction. The proviso to s.57 was inserted by the Finance Act 2020 with effect from 1 April 2021, so it applies from AY 2021-22 onwards; the same amendment substituted the word 'dividends' in clause (i) for 'dividends, other than dividends referred to in section 115-O', which is what brought ordinary dividends back into the shareholder's assessment.

Decided by the CBDT Circulars & Instructions (Not applicable — statutory text) on 2021-04-01, reported as Finance Act, 2020 (Act No. 12 of 2020), section 30, w.e.f. 1 April 2021; second proviso and the amendment to clause (i) w.e.f. 1 October 2024. It bears on section 57, section 57(i), section 56, section 2(22)(f), section 10(23D), section 10(35), section 115-O, section 10(34) of the Income Tax Act 1961, in Deductions & Disallowances, How Tax Law Is Read and Assessment & Scrutiny matters.

Still good law. The current text was read on a departmental page carrying the 'Year: 2025' stamp and the correct section heading and Act name, and the commencement was corroborated independently against the enacted text of section 30 of the Finance Act, 2020. Section 57 was checked on four year-stamped departmental pages (2019 (No. 1), 2022, 2024 (No. 1) and 2025) and the latest is the one relied on. No judicial decision construing the proviso was located, so nothing is stated about how the cap will be applied where interest is common to dividend and other income.

Why it matters

This is new law for every shareholder and it bites in three ways that are easy to miss. First, it is not merely a cap: it is an exclusion of everything except interest, so collection charges, demat charges, portfolio management fees and administrative expenditure against dividend income are gone altogether, even though clause (i) itself still speaks of a reasonable sum paid as commission or remuneration to a banker for realising the dividend. Second, the cap applies to units of a s.10(23D) Mutual Fund and units of a specified company defined in the Explanation to s.10(35) as well as to dividends. Third, the base for the twenty per cent is the dividend income 'included in the total income for that year, without deduction under this section' — that is, gross dividend, not net. Separately, a second proviso inserted by the Finance (No. 2) Act 2024 with effect from 1 October 2024 denies any deduction at all against dividend income of the nature referred to in s.2(22)(f), the buy-back deemed dividend, and clause (i) itself was amended from the same date to carve that out.

Binding on the department, not on the assessee or the courts. An assessee may rely on a circular that is beneficial to them.

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