Chartered Accountant
4780 Points
Joined March 2009
Section 197 enables a tax payer to make an application to his
Assessing Officer for deduction of tax at a lower rate or non
deduction of tax. The application has to be made in Form No.13
(vide Rule 28(1)). If the Assessing Officer is satisfied that the total
income of a tax payer justifies the deduction of income tax at any
lower rate or no deduction of income tax, he may issue an appropriate
certificate (relevant Rule 28AA).
The certificate is valid only for the assessment year as specified
therein. On expiry of the validity period, a fresh application may be
made. A certificate is issued directly to the person responsible for
deducting tax/DDO with a copy to the applicant. In absence of
such a certificate from the employee, the employer should deduct
income tax on salary payable at normal rates (Circular No.147 dt.28-
10-1974).
Regards,
Devendra K