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Income-tax Act, 1961 · Chapter XVII: Collection and Recovery of Tax · B.—Deduction at source

Section 197: Certificate for deduction at lower rate

The Income-tax Act, 1961 was repealed by the Income-tax Act, 2025 from 1 April 2026. The text is kept here because the judgments below apply it.

(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 [, 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-tax9*** 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.] * * * * *

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 197

No Supreme Court judgment in our database cites this section yet.