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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 7254 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 1974 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 3567 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 20496 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 17982 Views 0 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 3297 Views 0 comment Print


Latest Judiciary


Is entity having ‘Permanent Establishment’ was a fact-specific issue to be determined separately for different tax periods

Income Tax : Whether or not a permanent establishment existed in a State during a given period must be determined on the basis of the circumsta...

January 22, 2025 249 Views 0 comment Print

Addition set aside as satisfaction note required for invoking section 153C invalid

Income Tax : Among the documents seized contained information pertaining to the Assessee and AO recorded his satisfaction that those documents ...

January 7, 2025 402 Views 0 comment Print

Pending Tax Demand not Justify Section 197 Lower TDS application Rejection

Income Tax : Patna High Court rules on TDS application under Section 197, stating pending tax demand does not justify summary rejection by Asse...

October 27, 2024 456 Views 0 comment Print

AO Can’t Reject Section 197 Application Summarily: Patna HC

Income Tax : Patna High Court rules that an Assessing Officer cannot summarily reject Section 197 applications based on pending tax demands. Or...

September 4, 2024 321 Views 0 comment Print

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 1287 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 5034 Views 0 comment Print


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

February 17, 2024 1974 Views 0 comment Print

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

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

February 13, 2024 2151 Views 0 comment Print

Mumbai ITAT deletes penalty under section 271(1)(c) for Eureka Outsourcing Solutions, stating making an incorrect claim does not amount to furnishing inaccurate particulars.

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

February 10, 2024 1179 Views 0 comment Print

ITAT Mumbai held that benefit of Article 13(4) of India Mauritius tax Treaty duly available to Mauritius registered assessee, having Tax Residency Certificate, for sale of shares which were acquired prior to 1st April 2017.

Consistent Methodology and Adherence to Accounting Standards Render Additions Unsustainable

February 3, 2024 612 Views 0 comment Print

Read the detailed analysis of the ITAT Chennai order in the case of ST Engineering Electronics Ltd. vs ACIT regarding taxable contract income, addressing issues of revenue recognition and accounting standards.

Courts could not overrule decisions of Govt-Appointed Experts unless there was gross miscarriage of Justice

November 10, 2023 498 Views 0 comment Print

Board is the authority to regulate the functioning of the Insolvency Professionals and the Board comprises of experts in the field who have been appointed by the Central Government to carry out the functions specified under Part IV of the IBC.

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

October 12, 2023 690 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 486 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 13122 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 909 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 2151 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.

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