Certificate for not deduction of tds

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Querist : Anonymous

Querist : Anonymous (Querist)

07 September 2013 i m individual, i didn't file the income tax return in any previous year , now i m working in ca firm as consultant on 10000 pm and i don't have any other income that's why i m below the minimum limit for taxation,can i avail the certificate from the income tax department for no deduction of the TDS ??? if yes that how , which form should i fill and what doc i required to produce and please also tell me the whole process step by step

Ajay Mishra

Ajay Mishra (Expert)
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07 September 2013 Hi

197. Certificate for lower or no deduction of tax.—(1) The deductee may make an application, in such form and manner as may be prescribed, to the Assessing Officer seeking a certificate for deduction of income-tax at a lower rate or, as the case may be, no deduction of income-tax from payments to be received by him.
(2) The deductor may make an application, in such form and manner as may be prescribed, to the Assessing Officer seeking a certificate for deduction of income-tax at a lower rate or, as the case may be, no deduction of income-tax from payments to be made by him to a non-resident deductee.
(3) Where the Assessing Officer is satisfied that the total income of the deductee justifies deduction of income-tax at a lower rate or no deduction of income-tax, he shall give to the deductee or the deductor, as the case may be, such certificate as may be appropriate.
(4) The deductor shall deduct income-tax at the rates specified in the certificate issued under sub-section (3), until—
(a) such certificate is cancelled by the Assessing Officer ; or
(b) the expiry of the validity of the certificate,
whichever is earlier.
(5) The Board may prescribe the circumstances and the cases in which an application may be made for the grant of the certificate and the conditions subject to which such certificate may be granted and provide for all other matters connected therewith.
Clause 197 seeks to empower the Assessing Officer to give a certificate for lower or no deduction of tax to the deductee where the deductee is a resident or to the deductor where the deductee is a non-resident, if the Assessing Officer is satisfied that the total income of the deductee justifies deduction of tax at a lower or nil rate. Accordingly, the clause provides that deduction shall be made in accordance with the certificate, until such certificate is cancelled by the Assessing Officer or the expiry of the validity of the certificate, whichever is earlier.

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Ajay Mishra

Ajay Mishra (Expert)
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07 September 2013 For Form:

http://law.incometaxindia.gov.in/DITTaxmann/IncomeTaxRules/pdf/itr62Form13.pdf

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