No TDS or TDS at lower rate by certificate of Assessing Authority – Section 197

Confused in complicated laws? Take our GST consultation services to get your issues solved from GST experts. Click here to know more.

The recipient of income on which TDS is to be deducted can apply to the assessing authority for a certificate for lower or no deduction. The conditions for which such certificate can be issued are

1. Such lower or no deduction should apply only to TDS under sections 192, 193, 194, 194A, 194C, 194D, 194G, 194H, 194I, 194J, 194K, 194LA or 195.
2. If the recipient does not have PAN then he cannot apply for certificate under section 197.
3. Application is to be made in Form no. 13.
4. The certificate of lower rate shall be issued on plain paper directly to the person responsible for paying income to such recipient. [Except for entities covered by rule 28AB]
5.Such certificate cannot be issued with retrospective effect.

Assessing officer shall consider the provisions given under rule 28AA before issuing a certificate under section 197. Assessing officer has to give the reasons if he rejects the application.

 

Confused about complicated laws? Take our GST consultation services to get your issues solved from GST experts. Click here to know more.

Read More Articles

Section 44ADA – Presumptive Taxation Scheme for Professionals

From financial year 2016-17, a new Section 44ADA is introduced for presumptive income for professionals. This section is similar to section 44AD for traders. Under this section professionals such as legal, medical, engineering, architect, accountancy, technical consultancy, interior decoration or any

Read Article »

Registration Under GST

Topic Covered in this Article Persons required to register compulsorily Documents Required for Registration Fees for Registration Voluntary Registration Time Limit for Registration Effective Date of Registration Requirements for Registration Can a person take more than one GSTIN Things that

Read Article »

GST on Import

Article 269A of constitution mandates that import of goods or services in India is considered as Inter-state trade. Therefore, import of goods or services is considered as interstate supply and is liable for payment of IGST. IGST on the import

Read Article »

Table of Contents

Subscribe

We will send updates relating to GST only

(No spam, you can unsubscribe anytime)