The Income-tax Act, 1961 · XVII — COLLECTION AND RECOVERY OF TAX

Section 197. Certificate for deduction at lower rate

In force · As amended up to 2026-08

197. Certificate for deduction at lower rate. —(1)[4] [Subject to rules made under sub-section (2A), 5[where, in the case of 6[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,[7] [194,][8] [194A,[9] [194C, 194D ,194G ,194H ,194-I, 194J , 194K , 194LA[10] [, 194LBB, 194LBC]]] and 195, the Assessing Officer is satisfied]] that the total income[11] * of the recipient justifies the deduction of income-tax[12] * at any lower rates or no deduction of incometax[12] *, as the case may be, the[13] [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[13] [Assessing Officer], deduct income-tax[14] * at the rates specified in such certificate or deduct no tax, as the case may be. 15[(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.] 16* * * * * 1. Ins. by Act 38 of 1993, s. 28 (w.e.f. 1-6-1993). 2. Subs. by Act 17 of 2013, s. 49, for "any income in respect of securities referred to in clause (a) of sub-section (1) of section 115AD is payable" (w.e.f. 1-6-2013). 3. Ins. by Act 32 of 2003, s. 83 (w.e.f. 1-4-2003). Earlier the proviso was omitted by Act 20 of 2002, s. 84 (w.e.f. 1-6-2002) which was inserted by Act 26 of 1997, s. 50 (w.e.f. 1-6-1997). 4. Subs. by Act 11 of 1987, s. 51, for "Where in the case of any income of any person other than a company" (w.e.f. 1-61987). 5. Subs. by Act 18 of 1992, s. 76, for certain words (w.e.f. 1-6-1992). 6. Subs. by Act 32 of 2003, s. 84, for "any income of any person" (w.e.f. 1-6-2003). 7. Ins. by Act 38 of 1993, s. 29 (w.e.f. 1-6-1993). 8. Subs. by Act 32 of 2003, s. 84, for "194A, 194D, 194H, 194-I, 194K, 194L" (w.e.f. 1-6-2003). 9. Subs. by Act 23 of 2004, s. 39, for "194C, 194D, 194G, 194H, 194-I, 194J, 194K" (w.e.f. 1-10-2004). 10. Ins. by Act 28 of 2016, s. 85 (w.e.f. 1-6-2016). 11. The words "or the total world income" omitted by Act 10 of 1965, s. 48 (w.e.f. 1-4-1965). 12. The words "or super-tax" omitted by s. 48, ibid . (w.e.f. 1-4-1965). 13. Subs. by Act 4 of 1988, s. 2, for "Income-tax Officer" (w.e.f. 1-4-1988). 14. The words "and super-tax" omitted by Act 10 of 1965, s. 48 (w.e.f. 1-4-1965). 15. Ins. by Act 11 of 1987, s. 51 (w.e.f. 1-6-1987). 16. Sub-section (3) omitted by Act 23 of 1986, s. 39 (w.e.f. 1-4-1987).

Source: India Code

How this section changed

  1. omitted by Act 10 of 1965, s. 48

    In force from 1 Apr 1965

    Earlier wording: “or the total world income”

    Footnote: 11. The words "or the total world income" omitted by Act 10 of 1965, s. 48 (w.e.f. 1-4-1965).

  2. omitted by Act 23 of 1986, s. 39

    In force from 1 Apr 1987

    Footnote: 16. Sub-section (3) omitted by Act 23 of 1986, s. 39 (w.e.f. 1-4-1987).

  3. inserted by Act 11 of 1987, s. 51

    In force from 1 Jun 1987

    Footnote: 15. Ins. by Act 11 of 1987, s. 51 (w.e.f. 1-6-1987).

  4. substituted by Act 18 of 1992, s. 76

    In force from 1 Jun 1992

    Footnote: 5. Subs. by Act 18 of 1992, s. 76, for certain words (w.e.f. 1-6-1992).

  5. inserted by Act 38 of 1993, s. 29

    In force from 1 Jun 1993

    Footnote: 7. Ins. by Act 38 of 1993, s. 29 (w.e.f. 1-6-1993).

  6. substituted by Act 32 of 2003, s. 84

    In force from 1 Jun 2003

    Earlier wording: “any income of any person”

    Footnote: 6. Subs. by Act 32 of 2003, s. 84, for "any income of any person" (w.e.f. 1-6-2003).

  7. substituted by Act 32 of 2003, s. 84

    In force from 1 Jun 2003

    Earlier wording: “194A, 194D, 194H, 194-I, 194K, 194L”

    Footnote: 8. Subs. by Act 32 of 2003, s. 84, for "194A, 194D, 194H, 194-I, 194K, 194L" (w.e.f. 1-6-2003).

  8. substituted by Act 23 of 2004, s. 39

    In force from 1 Oct 2004

    Earlier wording: “194C, 194D, 194G, 194H, 194-I, 194J, 194K”

    Footnote: 9. Subs. by Act 23 of 2004, s. 39, for "194C, 194D, 194G, 194H, 194-I, 194J, 194K" (w.e.f. 1-10-2004).

  9. inserted by Act 28 of 2016, s. 85

    In force from 1 Jun 2016

    Footnote: 10. Ins. by Act 28 of 2016, s. 85 (w.e.f. 1-6-2016).

  10. substituted by Act 11 of 1987, s. 51

    Date not stated in the footnote

    Earlier wording: “Where in the case of any income of any person other than a company”

    Footnote: 4. Subs. by Act 11 of 1987, s. 51, for "Where in the case of any income of any person other than a company" (w.e.f. 1-61987).