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Section 197

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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 7443 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 2352 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 3621 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 22443 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 18096 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 3594 Views 0 comment Print


Latest Judiciary


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 99 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 321 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 333 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 279 Views 0 comment Print

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 357 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 6033 Views 0 comment Print


Section 197 Certificate For TDS Deduction at Lower Rate

July 10, 2021 117132 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 108432 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 4605 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 4971 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?

Remuneration of KMPs | Section 197 & 198 | Companies Act, 2013

June 20, 2020 74043 Views 2 comments Print

Section: 197 of the  Companies Act, 2013 Remuneration to Key Managerial Personnel 1. Maximum ceiling for payment of Managerial Remuneration Section 197 of the Companies Act, 2013 prescribed the maximum ceiling for payment of managerial remuneration by a public company to its managing director whole-time director and manager which shall not exceed 11% of the […]

TDS Provisions related to Small Businesses & Covid 19 Relief

May 5, 2020 15915 Views 0 comment Print

TAX DEDUCTION AT SOURCE (TDS) In order to ensure better tax compliance and ensuring the timely payment of tax to the Government treasury, a mechanism has been established by making it mandatory for certain persons responsible for making payment of some expenses to deduct tax from such payment and deposit it to the Government account. […]

Lower or nil rate tax deduction certificate- Duty of deductor

May 3, 2020 154960 Views 13 comments Print

Actions to be taken by the deductor on receipt of the certificate: Please validate the PAN of the deductee submitting the certificate. The Certificate should be valid for the PAN, Section and Rate which has been mentioned in the statement filed. Check that the certificate is valid for the relevant Financial Year.

Issues surrounding section 197 lower withholding tax application

April 28, 2020 8277 Views 0 comment Print

With the advent of time, all the processes ranging from our day to day life to corporate models (work from home as observed recently), everything is becoming digital. There were the days when the process of applying Nil/lower withholding certificate (or order) under section 197 of the Income-tax Act, 1961 (‘the Act’) was manual. The […]

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