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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 3561 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 510 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 8067 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 1188 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 8349 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 4221 Views 0 comment Print


Latest Judiciary


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 99 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 375 Views 0 comment Print

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

Income Tax : The Delhi High Court held that issuing a 15% withholding certificate without properly considering the Supreme Court’s ruling was...

March 4, 2026 321 Views 0 comment Print

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

Income Tax : The Court set aside the Section 197 order holding that distribution fees were treated as royalty without concrete reasoning. It di...

February 22, 2026 390 Views 0 comment Print

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

Income Tax : 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 in...

January 17, 2026 1563 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 906 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 8529 Views 0 comment Print


No disallowance u/s. 40(a)(ia) when tax on income already paid by deductee: ITAT Pune

July 29, 2025 1257 Views 0 comment Print

ITAT Pune held that disallowance under section 40(a)(ia) of the Income Tax Act cannot be sustained interest income is already reflected in the return of the deductee and tax is already paid on the same. Accordingly, appeal allowed to that extent.

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

July 18, 2025 906 Views 0 comment Print

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

Cross-Cost Charges Not Royalty, AO to withholding Issue NIL Tax Certificate: Delhi HC

June 17, 2025 414 Views 0 comment Print

Delhi High Court held that payment of cross-cost charges doesn’t construed as royalties within scope of Article 12(3) of the India-US DTAA hence order rejecting application for NIL withholding tax set aside. AO directed to issue necessary certificate.

Petitioner Must Deposit Compounding Charge; Apportionment to Be Considered by Secretary, Rural Works Department

April 25, 2025 357 Views 0 comment Print

Patna High Court held that compounding charge should be deposited by the petitioner abiding his statement and issue of apportionment of compounding charges should be considered by the Secretary, Rural Works Department.

Delhi HC quashes order denying Lufthansa Cargo’s ‘nil’ TDS certificate

April 12, 2025 729 Views 0 comment Print

Delhi High Court quashes order denying Lufthansa Cargo’s ‘nil’ TDS certificate, citing prior rulings and DTAA. Read the court’s full judgment.

Survey Findings of One Year Cannot Be Applied to Other Years: Delhi HC

March 18, 2025 882 Views 0 comment Print

Delhi High Court held that reassessment under section 148 of the Income Tax Act entirely based on course of survey not sustainable and liable to be quashed. Further, survey in particular year cannot be extrapolated to other years.

Delhi HC directs issuance of Nil tax deduction certificate to SFDC Ireland

February 20, 2025 741 Views 0 comment Print

Delhi HC directs Nil TDS for SFDC Ireland citing no Permanent Establishment in India. Clarifies taxation under DTAA and Rule 28AA compliance.

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

January 22, 2025 807 Views 0 comment Print

Whether or not a permanent establishment existed in a State during a given period must be determined on the basis of the circumstances applicable during that period and not those applicable during a past or future period.

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

January 7, 2025 1074 Views 0 comment Print

Among the documents seized contained information pertaining to the Assessee and AO recorded his satisfaction that those documents have bearing on the determination of total income of the Assessee.

Pending Tax Demand not Justify Section 197 Lower TDS application Rejection

October 27, 2024 1275 Views 0 comment Print

Patna High Court rules on TDS application under Section 197, stating pending tax demand does not justify summary rejection by Assessing Officer.

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