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Union of India - Section

Section 197 in The Income Tax Act, 1961

197. Certificate for deduction at lower rate.

(1)[Subject to rules made under sub-section (2-A), where, in the case of ] [ Substituted by Act 11 of 1987, Section 51, for " Where, in case of any income of any person other than a company" (w.e.f. 1.6.1987).][any income of any person, or sum payable to any person] [ Substituted by Act 32 of 2003, Section 84, for " any income of any person" (w.e.f. 1.6.2003).], 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] [ Inserted by Act 38 of 1993, Section 29 (w.e.f. 1.6.1993).], [194A. ] [Substituted by Act 32 of 2003, Section 84, for " 194-A, 194-D, 194-H, 194-I, 194-K, 194-L" (w.e.f. 1.6.2003).][194-C, 194-D, 194-G, 194-H, 194-I , 194-J, 194-K, 194-LA] [ Substituted by Act 23 of 2004, Section 39, for " 194-C, 194-D, 194-G, 194-H, 194-I, 194-J, 194-K" (w.e.f. 1.10.2004).] and 195, the Assessing Officer is satisfied that the total income [* * *] [ Omitted by Act 10 of 1965, Section 48 (w.r.e.f. 1.4.1965).] of the recipient justifies the deduction of income-tax [* * *] at any lower rates or no deduction of income-tax [* * *] [ Omitted by Act 10 of 1965, Section 48 (w.r.e.f. 1.4.1965).], as the case may be, the [Assessing Officer] [ Substituted by Act 4 of 1988, Section 2, for " Income-tax Officer" (w.e.f. 1.6.1988).] 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] [ Substituted by Act 4 of 1988, Section 2, for " Income-tax Officer" (w.e.f. 1.6.1988).], deduct income-tax [* * *] [ Omitted by Act 10 of 1965, Section 48 (w.r.e.f. 1.4.1965).] at the rates specified in such certificate or deduct no tax, as the case may be.[(2-A) 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.] [Inserted by Act 11 of 1987, Section 51 (w.e.f. 1.6.1987).]
(3)[* * *] [ Sub-Section (3) omitted by Act 23 of 1986, Section 39 (w.e.f. 1.4.1987).]