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Section 197

Latest Articles


TDS on Sale of Property by Resident and NRI Sellers

Income Tax : The law places the responsibility of TDS deduction on the buyer, not the seller. Failure to comply can lead to penalties, interest...

April 13, 2026 21270 Views 1 comment Print

Section 197 Certificates Can’t Be Denied on Overturned Past Assessments: Delhi HC

Income Tax : The court held that tax authorities cannot rely on earlier findings already set aside by appellate bodies. Each Section 197 applic...

January 28, 2026 675 Views 0 comment Print

Lower Deduction Certificate (LDC) under Section 197 – A Practical Guide

Income Tax : An overview o the Lower Deduction Certificate (LDC) under Section 197. Learn who can apply, the benefits for cash flow, and the on...

August 20, 2025 10458 Views 1 comment Print

How I Helped a Client Secure a Lower TDS Certificate & What You Should Know Before Applying

Income Tax : Learn how to apply for a Lower TDS Deduction Certificate under Section 197. Understand the step-by-step process, required document...

August 1, 2025 1347 Views 0 comment Print

Section 197 Certificate for Income Tax deduction at lower rate

Income Tax : Learn about Section 197 of the Income Tax Act, which allows for certificates for deduction at a lower rate. Explore eligibility, a...

May 28, 2024 8520 Views 1 comment Print


Latest News


Budget 2024: Extended Lower TDS Deduction/ TCS Collection Scope

Income Tax : Budget 2024 extends the scope for lower deduction/collection certificates under Sections 197 and 206C, effective from October 2024...

July 26, 2024 4338 Views 0 comment Print


Latest Judiciary


ITAT Delhi Deletes IDS Addition as Income Was Taxed in Wrong Assessment Year

Income Tax : The ITAT Delhi held that undisclosed income declared under IDS-2016 but unpaid within prescribed time must be taxed in the year of...

May 12, 2026 222 Views 0 comment Print

TDS Default Not Applicable as Section 197 Certificate Covers Entire Assessment Year

Income Tax : The case examined whether a lower TDS certificate applies prospectively or for the full year. The Court held it applies to the ent...

April 30, 2026 507 Views 0 comment Print

Application for NIL withholding tax rightly rejected since taxability matter pending before ITAT

Income Tax : Bombay High Court held that application for NIL withholding tax certificate rightly rejected since matter of taxability of fees fo...

April 24, 2026 363 Views 0 comment Print

Initiation of disciplinary proceedings not justifiable post discharge of officer in criminal court on same charge

Corporate Law : Supreme Court held that initiation of administrative proceedings for disciplinary action against air force pilot not justifiable s...

April 17, 2026 348 Views 0 comment Print

Section 197 Application Can’t Be Rejected Solely Due to Outstanding Tax Demand: SC

Income Tax : The Court held that rejection of a lower withholding certificate without reasons violates Rule 28AA. It remanded the matter for fr...

March 20, 2026 552 Views 0 comment Print


Latest Notifications


ICRISAT Exempted from TDS under Section 197A(1F)

Income Tax : Finance Ministry exempts ICRISAT from TDS under Section 197A(1F) of Income Tax Act, effective from publication date. Exemption ali...

July 18, 2025 1053 Views 0 comment Print

No TDS on Payments to Units of IFSC – CBDT Notifies

Income Tax : Get details on new Income Tax Notification exempting specific payments to International Financial Services Centre (IFSC) Units fro...

March 7, 2024 9123 Views 0 comment Print


Latest Posts in Section 197

ITAT Delhi Deletes IDS Addition as Income Was Taxed in Wrong Assessment Year

May 12, 2026 222 Views 0 comment Print

The ITAT Delhi held that undisclosed income declared under IDS-2016 but unpaid within prescribed time must be taxed in the year of declaration, not the original assessment year. The reassessment addition for AY 2013-14 was deleted.

TDS Default Not Applicable as Section 197 Certificate Covers Entire Assessment Year

April 30, 2026 507 Views 0 comment Print

The case examined whether a lower TDS certificate applies prospectively or for the full year. The Court held it applies to the entire assessment year, negating default and interest liability.

Application for NIL withholding tax rightly rejected since taxability matter pending before ITAT

April 24, 2026 363 Views 0 comment Print

Bombay High Court held that application for NIL withholding tax certificate rightly rejected since matter of taxability of fees for technical services [FTS] rendered from China for previous assessment years is already pending before ITAT. Accordingly, writ petition is disposed of.

Initiation of disciplinary proceedings not justifiable post discharge of officer in criminal court on same charge

April 17, 2026 348 Views 0 comment Print

Supreme Court held that initiation of administrative proceedings for disciplinary action against air force pilot not justifiable since criminal court already discharged the officer on the same charges. Also held that discharge is at a higher pedestal than an acquittal.

TDS on Sale of Property by Resident and NRI Sellers

April 13, 2026 21270 Views 1 comment Print

The law places the responsibility of TDS deduction on the buyer, not the seller. Failure to comply can lead to penalties, interest, and legal consequences.

Section 197 Application Can’t Be Rejected Solely Due to Outstanding Tax Demand: SC

March 20, 2026 552 Views 0 comment Print

The Court held that rejection of a lower withholding certificate without reasons violates Rule 28AA. It remanded the matter for fresh consideration with a speaking order.

Delhi HC reduces TDS Rate to 2% as 15% Withholding Certificate Lacked Proper Reasoning

March 4, 2026 456 Views 0 comment Print

The Delhi High Court held that issuing a 15% withholding certificate without properly considering the Supreme Court’s ruling was legally unsustainable. The Court reduced the tax deduction rate to 2% for the relevant year.

Revenue Cannot Ignore Tribunal Findings While Issuing Section 197 Certificate: Delhi HC

February 22, 2026 507 Views 0 comment Print

The Court set aside the Section 197 order holding that distribution fees were treated as royalty without concrete reasoning. It directed issuance of a NIL tax withholding certificate.

Section 197 Certificates Can’t Be Denied on Overturned Past Assessments: Delhi HC

January 28, 2026 675 Views 0 comment Print

The court held that tax authorities cannot rely on earlier findings already set aside by appellate bodies. Each Section 197 application must be examined independently.

Deductor Not in Default When Payee Has Paid Due Taxes: ITAT Mumbai

January 17, 2026 1731 Views 0 comment Print

The issue was whether a deductor can be treated as in default for non-deposit of TDS when the payee has already paid tax on the income. ITAT held that no demand under Section 201(1) survives once the payee’s tax payment is established.

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