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Section 197

Latest Articles


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 6519 Views 1 comment Print

No Prior Sanction Needed for FIR Against Public Servant: Allahabad HC

Corporate Law : Allahabad HC rules no prior sanction needed for FIR against a public servant. Analysis of recent judgment in Ranjeet vs State of U...

February 17, 2024 885 Views 0 comment Print

Impact of Amendment by Finance Act, 2023 on Non-Resident/Not Ordinarily Resident

Income Tax : Explore the impact of the Finance Act, 2023 on non-resident and not ordinarily resident individuals in India. Changes in tax deduc...

April 11, 2023 3399 Views 0 comment Print

Company Law for Independent Director

Company Law : According to u/s 149(9) of companies act, an independent director shall not be entitled to any stock option and receive any remune...

April 4, 2023 16416 Views 0 comment Print

Liability to deduct section 194R TDS on Benefit or Perquisite in Business or Profession

Income Tax : Any person being Individual/HUF/Company/Firm/LLP etc. providing any benefit or perquisite whether convertible into money or not, i...

July 19, 2022 17340 Views 0 comment Print


Latest Judiciary


Taxability of secondment receipts: ITAT deletes Section 271(1)(c) & 270A Penalty

Income Tax : Discover the ITAT Bangalore ruling on IBM Canada Limited vs. DCIT, where salary reimbursements of seconded employees were deemed n...

June 9, 2024 1116 Views 0 comment Print

Voluntary Compensation in lieu of ESOP Not Part of Salary: Delhi HC in Flipkart-Phonepe Case

Income Tax : In the case of Sanjay Baweja Vs DCIT, the Delhi High Court ruled that one-time payments in lieu of ESOPs do not constitute salary ...

June 9, 2024 17631 Views 3 comments Print

TDS was correctly deducted by Hindustan Lever, rules Orissa HC in challenge by Works Contractor for ‘Wheel’, ‘Surf Excel’ and ‘Domex’ Production

Income Tax : Assessee-company had entered into a Purchasing Agreement with M/s. Hindustan Unilever Ltd. whose main business was manufacture and...

April 4, 2024 330 Views 0 comment Print

No 271(1)(c) Penalty Without Willful Concealment or Furnishing Inaccurate Details

Income Tax : Mumbai ITAT deletes penalty under section 271(1)(c) for Eureka Outsourcing Solutions, stating making an incorrect claim does not a...

February 13, 2024 1548 Views 0 comment Print

Article 13(4) of India-Mauritius DTAA exempts sale of shares acquired prior to 1st April 2017

Income Tax : ITAT Mumbai held that benefit of Article 13(4) of India Mauritius tax Treaty duly available to Mauritius registered assessee, havi...

February 10, 2024 882 Views 0 comment Print


Latest Notifications


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 3021 Views 0 comment Print


Income Tax Authority which has initiated prosecution must have sanction of law

October 12, 2023 588 Views 0 comment Print

Telangana High Court held that once sanction has been given to a particular authority, i.e., the Deputy Director of Income Tax, the prosecution has to be launched by him alone and not by the Assistant Director of Income Tax. Thus, the authority which has initiated the prosecution must have sanction of law. Otherwise, it amounts to illegal action.

Members of Railway Protection Force would be considered as Workmen under Workmen Compensation Act

October 11, 2023 381 Views 0 comment Print

Commanding Officer Vs Bhavnaben Dinshbhai Bhabhor & Others (Supreme Court of India) Conclusion: In present facts of the case, the Hon’ble Supreme Court held that family members of deceased Constable in the Railway Protection Special Force would be entitled to Compensation under Workmen Compensation Act, 1923 as he would be considered as a “Workman” under […]

Amendment to section 54F restricting investment in property to India is not retrospective

October 4, 2023 12993 Views 0 comment Print

Learn about the Bombay High Court’s ruling on the retrospective application of an amendment to Section 54F in the case of Hemant Dinkar Kandlur vs CIT

Writ petition u/s 482 of Cr. P.C. in illegal excavation/ transportation of iron ore dismissed

August 16, 2023 810 Views 0 comment Print

Karnataka High Court dismissed the writ petition in case of illegal excavation/ transportation of iron ore as discretionary jurisdiction under section 482 of Cr. P.C. cannot be exercised.

Sale of High Speed Diesel at concessional sales tax without complying with mandatory requirement not proved

July 14, 2023 1578 Views 0 comment Print

Gujarat High Court dismissed the allegation of sale of High Speed Diesel to various private industries at concessional sales tax without complying with the mandatory requisite permission from the Ministry of Petroleum & Natural Gas. The said allegations were dismissed in absence of any evidence.

Impact of Amendment by Finance Act, 2023 on Non-Resident/Not Ordinarily Resident

April 11, 2023 3399 Views 0 comment Print

Explore the impact of the Finance Act, 2023 on non-resident and not ordinarily resident individuals in India. Changes in tax deductions, deemed income, presumptive taxation, TDS rates, and more explained.

Brushing aside SC judgement by observing that review petition is preferred by revenue is untenable

April 6, 2023 2118 Views 0 comment Print

Delhi High Court directed the concerned officer to revisit the application preferred under section 197 of the Income Tax Act as the concerned officer simply by-passed the Supreme Court judgement in Engineering Analysis by observing that revenue has preferred a review petition. Such approach of officer is untenable.

Company Law for Independent Director

April 4, 2023 16416 Views 0 comment Print

According to u/s 149(9) of companies act, an independent director shall not be entitled to any stock option and receive any remuneration by way of a fee provided under section 197 sub section 5, reimbursement of expenses for participation in a board and other meeting and profit related commission as may be approved by the members.

Withholding certificate at a low tax rate cannot be rejected for demand due to pending rectification applications

August 14, 2022 1224 Views 0 comment Print

Withholding certificate at a low tax rate rejected for huge outstanding demand, although same were due to pending rectification applications

Section 197(1)TDS certificate – Difference of opinion – SC refers matter to Large Bench

July 31, 2022 732 Views 0 comment Print

National Petroleum Construction Company Vs DCIT (Supreme Court of India) Indira Banerjee, J. Leave granted. 2. This appeal is against the judgment and final order dated 20th December 2019 passed by High Court of Delhi dismissing the Writ Petition being Writ Petition (C) No.8527 of 2019 filed by the Appellant against the refusal of the […]

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