Budget 2023-24: Extending the scope for deduction of tax at source to lower or nil rate



Quick Summary
The government has proposed an amendment to Section 197 of the Income Tax Act, effective from 1st April 2023. This change will allow certain income types, previously excluded, to be eligible for a certificate for tax deduction at a lower or nil rate. This aims to resolve difficulties faced by entities like Sovereign Wealth Funds and Pension Funds who may be exempt from tax under specific sections but couldn't previously benefit from reduced TDS rates.

Section 197 of the Act relates to grant of a certificate of tax deduction at lower or nil rate. It provides for assessee to apply to the Assessing Officer for TDS at zero rate or lower rate, if the tax is required to be deducted under sections 192, 193, 194, 194A, 194C, 194D, 194G, 194H, 194-I, 194J, 194K, 194LA, 194LBB, 194LBC, 194M, 194-O and 195 of the Act. If the Assessing Officer is satisfied that the total income of the recipient justifies the deduction of income-tax at any lower rates or zero rate, he is required to give an appropriate certificate to the assessee.

2. Section 194LBA of the Act, inter-alia, provides that business trust shall deduct and deposit tax at the rate of 5% on interest income of non-resident unit holders. Representations have been received that in some cases rate of deduction may be required to be reduced due to some exemption, for example exemption under section 10(23FE) of the Act allowed to notified Sovereign Wealth Funds and Pension Funds. However, since certificate for lower deduction under section 194LBA of the Act cannot be obtained under section 197 of the Act, benefit of exemption is not available at the time of tax deduction.

3. To remove this difficulty, it is proposed to amend sub-section (1) of section 197 of the Act to provide that the sums on which tax is required to be deducted under section 194LBA of the Act shall also be eligible for certificate for deduction at lower rate. 4. This amendment will take effect from 1st April, 2023.

[clause 88]

FAQ :

Section 197 of the Act allows assessees to apply to the Assessing Officer for a certificate to have tax deducted at source (TDS) at a zero or lower rate, provided certain conditions regarding total income are met.

The proposal is to amend Section 197 to include sums on which tax is required to be deducted under Section 194LBA of the Act, making them eligible for a certificate for lower rate tax deduction.

This amendment is intended to remove difficulties faced by entities such as Sovereign Wealth Funds and Pension Funds, who are exempt under Section 10(23FE) but could not get the benefit of lower TDS rates under Section 194LBA previously.

This amendment will take effect from 1st April 2023.

The tax deduction under Section 194LBA of the Act is now included.




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Finance news reporter covering taxation, GST, income tax, business compliance, and economy updates. I simplify complex financial topics into easy-to-understand articles for professionals, taxpayers, and business owners on leading finance and tax platforms.

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