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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 7263 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 20517 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 3303 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 462 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 5040 Views 0 comment Print


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

April 11, 2023 3567 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 2217 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 20517 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 1374 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 789 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 […]

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

July 19, 2022 17982 Views 0 comment Print

Any person being Individual/HUF/Company/Firm/LLP etc. providing any benefit or perquisite whether convertible into money or not, is liable w.e.f. 1-7-2022 to deduct TDS U/s 194R @ 10% on the value or aggregate value of such benefit or perquisite.

Section 197 Certificate For TDS Deduction at Lower Rate

July 10, 2021 113382 Views 6 comments Print

(1) What is Section 197 of Income Tax Act, 1961? Section 197 of the Income Tax Act, 1961 allows the taxpayer the facility of NIL or Lower tax rate deduction of TDS (or TDS exemption). In order to apply for this you need to submit Form 13 to the assessing officer. Also, this section strikes a delicate balance […]

Lower Tax Deduction Certificate: How to Apply

May 11, 2021 104814 Views 6 comments Print

Section 197 of Income Tax Act, 1961 contains the provisions for Lower Deduction Certificate. Generally, where the actual income tax liability on the income of the assessee is less than the TDS which has been deducted by the payer as per Chapter-XVII, then it may cause a major problem of working capital management for the […]

Section 197 certificates must be preceded by an order

December 17, 2020 4476 Views 0 comment Print

Tata Teleservices (Maharashtra) Ltd. Vs DCIT (Bombay High Court) Before issuance of certificates under section 197 of the Act, the same must be preceded by an order. That order must disclose reasons and is an order passed in exercise of quasi-judicial powers. Such an order can be assailed in revision under section 264 of the […]

HC Set Aside Order Rejecting Application for Lower or Nil TDS Deduction Certificate

October 8, 2020 4833 Views 0 comment Print

The issue under consideration is whether the AO’s order for rejecting the application for issuance of a certificate for lower deduction or nil deduction u/s 197 is justified in law?

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