Income-tax Act, 1961 · Chapter XVII: Collection and Recovery of Tax · B.—Deduction at source
Section 197A: No deduction to be made in certain cases
The Income-tax Act, 1961 was repealed by the Income-tax Act, 2025 from 1 April 2026.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) Notwithstanding anything contained in
*** section 1943*** [or section 194EE], no deduction of tax shall be made under any of the said sections in the case of an individual, who is resident in India, if such individual furnishes to the person responsible for paying any income of the nature referred to in *** section 194 [ *** or, as the case may be, section 194EE], a declaration in writing in duplicate in the prescribed form and verified in the prescribed manner to the effect that [the tax on his estimated total income of the previous year in which such income is to be included in computing his total income will be nil.] [(1A)Notwithstanding anything contained in [section 192A or section 193 or section 194A [or section 194D] or section 194DA] [or section 194-I] or section 194K, no deduction of tax shall be made under [any of] the said sections in the case of a person (not being a company or a firm), if such person furnishes to the person responsible for paying any income of the nature referred to in [section 192A or section 193 or section 194A [or section 194D] or section 194DA] [or section 194-I] or section 194K, as the case may be, a declaration in writing in duplicate in the prescribed form and verified in the prescribed manner to the effect that the tax on his estimated total income of the previous year in which such income is to be included in computing his total income will be nil.] [(1B) The provisions of this section shall not apply where the amount of any income of the nature referred to in sub-section (1) or sub-section (1A), as the case may be, or the aggregate of the amounts of such incomes credited or paid or likely to be credited or paid during the previous year in which such income is to be included exceeds the maximum amount which is not chargeable to income-tax.] [(1C) Notwithstanding anything contained in [section 192A or section 193 or section 194 or section 194A [or section 194D] or section 194DA] or section 194EE [or section 194-I] or section 194K or sub-section (1B) of this section, no deduction of tax shall be made in the case of an individual resident in India, who is of the age of [sixty years] or more at any time during the previous year6***, if such individual furnishes to the person responsible for paying any income of the nature referred to in [section 192A or section 193 or section 194 or section 194A [or section 194D]or section 194DA] or section 194EE [or section194-I] or section 194K, as the case may be, a declaration in writing in duplicate in the prescribed formand verified in the prescribed manner to the effect that the tax on his estimated total income of the previous year in which such income is to be included in computing his total income will be nil.]
[(1D) Notwithstanding anything contained in this section, no deduction of tax shall be made by the Offshore Banking Unit from the interest paid—
(a) on deposit made on or after the 1st day of April, 2005, by a non-resident or a person not ordinarily resident in India; or
(b) on borrowing, on or after the 1st day of April, 2005, from a non-resident or a person not ordinarily resident in India.
Explanation.—For the purposes of this sub-section —Offshore Banking Unit‖ shall have the same meaning as assigned to it in clause (u) of section 2 of the Special Economic Zones Act, 2005.] [(1E) Notwithstanding anything contained in this Chapter, no deduction of tax shall be made from any payment to any person for, or on behalf of, the New Pension System Trust referred to in clause (44) of section 10.] [(1F) Notwithstanding anything contained in this Chapter, no deduction of tax shall be made from such specified payment to such institution, association or body or class of institutions, associations or bodies as may be notified by the Central Government in the Official Gazette, in this behalf.]
(2) The person responsible for paying any income of the nature referred to in sub-section (1) [or sub-section (1A)] [or sub-section (1C)] shall deliver or cause to be delivered to the [ [Principal Chief Commissioner or Chief Commissioner] or [Principal Commissioner or Commissioner]] one copy of the declaration referred to in sub-section (1) [or sub-section (1A)] [or sub-section (1C)] on or before the seventh day of the month next following the month in which the declaration is furnished to him.]
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 197A
No Supreme Court judgment in our database cites this section yet.