Regarding non deduction of tds under section 80u

This query is : Resolved 

11 January 2017

Hi, I work as consultant; my TDS is flat 10%(section 194), but i also fall in physically disabled category, i have all necessary certificate to avail return under section 80u.
but i want my employer to not to deduct my TDS ( as i am exempted) rather than i file a return to claim
Is it possible that way or is there any certificate provided by IT dept for NIL tax deduction which i can submit to my employer ?

Mrs. N Jain (Expert)
12 January 2017

You are taking Professional fee not salary. Deduction @ 10% is correct

12 January 2017

As per section 197, Where a taxpayer believes that its total income justifies withholding of tax at a lower rate, it can apply to the assessing officer for a certificate of TDS at a lower rate. If the AO is satisfied that the existing and the estimated tax liability of a person justifies TDS at a lower rate, or at nil rate, the AO will issue a certificate.
Once such a certificate is granted under section 197, TDS will be deducted at such lower rate.

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