section 197
Certificate for deduction at lower rate.
The Income Tax Act 1961Chapter XVII COLLECTION AND RECOVERY OF TAX A.—General
- (1) 4[Subject to rules made under sub-section (2A), 5[where, in the case of 6[any income of any person or sum payable to any person], income-tax is required to be deducted at the time of credit or, as the case may be, at the time of payment at the rates in force under the provisions of sections 192, 193, 7[194,] 8[194A, 9[194C, 194D ,194G ,194H ,194-I, 194J , 194K , 194LA 10[, 194LBB, 194LBC]]] and 195, the Assessing Officer is satisfied]] that the total income 11* of the recipient justifies the deduction of income-tax 12* at any lower rates or no deduction of incometax 12***, as the case may be, the 13[Assessing Officer] shall, on an application made by the assessee in this behalf, give to him such certificate as may be appropriate.
- (2) Where any such certificate is given, the person responsible for paying the income shall, until such certificate is cancelled by the 13[Assessing Officer], deduct income-tax14*** at the rates specified in such certificate or deduct no tax, as the case may be. 15[(2A) The Board may, having regard to the convenience of assessees and the interests of revenue, by notification in the Official Gazette, make rules specifying the cases in which, and the circumstances under which, an application may be made for the grant of a certificate under sub-section (1) and the conditions subject to which such certificate may be granted and providing for all other matters connected therewith.] 16* 11. The words “or the total world income” omitted by Act 10 of 1965, s. 48 (w.e.f. 1-4-1965). 12. The words “or super-tax” omitted by s. 48, ibid. (w.e.f. 1-4-1965). 14. The words “and super-tax” omitted by Act 10 of 1965, s. 48 (w.e.f. 1-4-1965). 16. Sub-section (3) omitted by Act 23 of 1986, s. 39 (w.e.f. 1-4-1987).
1 Ins. by Act 38 of 1993, s. 28 (w.e.f. 1-6-1993).
2 Subs. by Act 17 of 2013, s. 49, for “any income in respect of securities referred to in clause (a) of sub-section (1) of section 115AD is payable” (w.e.f. 1-6-2013).
3 Ins. by Act 32 of 2003, s. 83 (w.e.f. 1-4-2003). Earlier the proviso was omitted by Act 20 of 2002, s. 84 (w.e.f. 1-6-2002) which was inserted by Act 26 of 1997, s. 50 (w.e.f. 1-6-1997).
4 Subs. by Act 11 of 1987, s. 51, for “Where in the case of any income of any person other than a company” (w.e.f. 1-61987).
5 Subs. by Act 18 of 1992, s. 76, for certain words (w.e.f. 1-6-1992).
6 Subs. by Act 32 of 2003, s. 84, for “any income of any person” (w.e.f. 1-6-2003).
7 Ins. by Act 38 of 1993, s. 29 (w.e.f. 1-6-1993).
8 Subs. by Act 32 of 2003, s. 84, for “194A, 194D, 194H, 194-I, 194K, 194L” (w.e.f. 1-6-2003).
9 Subs. by Act 23 of 2004, s. 39, for “194C, 194D, 194G, 194H, 194-I, 194J, 194K” (w.e.f. 1-10-2004).
10 Ins. by Act 28 of 2016, s. 85 (w.e.f. 1-6-2016).
13 Subs. by Act 4 of 1988, s. 2, for “Income-tax Officer” (w.e.f. 1-4-1988).
15 Ins. by Act 11 of 1987, s. 51 (w.e.f. 1-6-1987).
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