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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 7497 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 2481 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 3636 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 22845 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 18156 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 3654 Views 0 comment Print


Latest Judiciary


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

Income Tax : Delhi High Court held that payment of cross-cost charges doesn’t construed as royalties within scope of Article 12(3) of the Ind...

June 17, 2025 63 Views 0 comment Print

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

Income Tax : Patna High Court held that compounding charge should be deposited by the petitioner abiding his statement and issue of apportionme...

April 25, 2025 108 Views 0 comment Print

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

Income Tax : Delhi High Court quashes order denying Lufthansa Cargo's 'nil' TDS certificate, citing prior rulings and DTAA. Read the court's fu...

April 12, 2025 351 Views 0 comment Print

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

Income Tax : Delhi High Court held that reassessment under section 148 of the Income Tax Act entirely based on course of survey not sustainable...

March 18, 2025 408 Views 0 comment Print

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

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

February 20, 2025 312 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 6273 Views 0 comment Print


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

October 12, 2023 765 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 555 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 13176 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 972 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 2505 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 3636 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 2262 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 22845 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 1494 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 828 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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