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Lower Deduction of TDS

This query is : Resolved 
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(Querist)
22 September 2009 HEllo to all,
I want to ask a querry, that, a person receiving professional fees is falls under 10.30% TDS rate u/s 194J. But the income of the person is below taxable limit i.e. 1,80,000/-, so can he apply to income tax department for no deduction of tax at source?
If yes, then whats the procedure for the same.
Thanks in advance
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CA. Bikash Bogi

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CA. Bikash Bogi (Expert)
22 September 2009 NO
He Can't
You have to claim refund from the department
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CA Devanshi Gandhi (Ajani)

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CA Devanshi Gandhi (Ajani) (Expert)
22 September 2009 agree
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K V Subba Rao

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K V Subba Rao (Expert)
22 September 2009 Please refer Para 175.5 of 32nd edition of Singhania's Ready Reckoner

As I understand, Sec 197 provides for obtaining Certificate from ITO for no deduction.
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CA SANJAY MUKHERJEE

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CA SANJAY MUKHERJEE (Expert)
22 September 2009 I do agree with Mr. K V Subba Rao. There is scope forr application in Form 13 for for no tax or lower tax deduction at source.
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Bhaskaran Chackrapani Warrier

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Bhaskaran Chackrapani Warrier (Expert)
22 September 2009 Agree with the views of Mr.Rao and Mr. Mukherjee.
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Gokul

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Gokul (Expert)
22 September 2009 The person can apply to ITO to obtain the certificate
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Ankur Garg

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Ankur Garg (Expert)
22 September 2009 Agree with Experts.
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CA Sunanda Badgujar

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CA Sunanda Badgujar (Querist)
23 September 2009 Ok thanks To all,
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