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Tds consultancy

ARUN KUMAR M (BUSINESS) (161 Points)

17 May 2018

Dear All

Is there any rule by which a consultant may ask company not to deduct TDS 194J like in case of TDS on interest on deposits not deducted by banks on submission of FORM 15H/G.

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3 Replies

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (168298 Points)
Replied 17 May 2018

Yes, provided you apply for certificate for lower/nil deduction of tax with your Jurisdictional ITO, as per section 197.

(1) Subject to rules made under sub-section (2A), where, in the case of any income of any person or sum payable to any person, income-tax is required to be deducted at the time of credit or, as the case may be, at the time of payment at the rates in force under the provisions of sections 192, 193, 194, 194A, 194C, 194D, 194G, 194H, 194-I, 194J, 194K, 194LA 94[, 194LBB, 194LBC] and 195, the Assessing Officer is satisfied that the total income of the recipient justifies the deduction of income-tax at any lower rates or no deduction of income-tax, as the case may be, the Assessing Officer shall, on an application made by the assessee in this behalf, give to him such certificate as may be appropriate.

(2) Where any such certificate is given, the person responsible for paying the income shall, until such certificate is cancelled by the Assessing Officer, deduct income-tax at the rates specified in such certificate or deduct no tax, as the case may be.

(2A) The Board may, having regard to the convenience of assessees and the interests of revenue, by notification in the Official Gazette, make rules specifying the cases in which, and the circumstances under which, an application may be made for the grant of a certificate under sub-section (1) and the conditions subject to which such certificate may be granted and providing for all other matters connected therewith.