9911796707
TMI Blog2024 (8) TMI 826X X X X Extracts X X X X X X X X Extracts X X X X ..... , which is pending and hence the deduction at the lower rate/NIL rate is not possible - petitioner would contend that the tax demand for the year 2018-19 has been stayed by the Principal Commissioner of Income Tax till the First Appeal is disposed of - HELD THAT:- De hors the stay ordered; pending First Appeal, we see that the provision under Section 197 only clothes the AO with the power to satis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mar Rastogi, Sr. Advocate, Ms. Smriti Singh, Advocate For the Respondent/s : Mrs. Archana Sinha, Sr. SC, Income Tax Dept. ORAL JUDGMENT PER: HONOURABLE THE CHIEF JUSTICE The writ petition is filed against Annexures-P/1 and P/2 orders, which resulted in rejection of applications filed under Section 197 of the Income Tax Act, 1961. The orders are dated 14.05.2023 and 30.01.2024 respectively and rela ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome of the recipient justifies the deduction of Income Tax at any lower rates or at a NIL rate. Hence, a demand pending against the assessee would not clothe the Assessing Officer with the power to summarily reject an application under Section 197. The satisfaction to be recorded under Section 197 is clearly with respect to the total income of the recipient for the subject assessment year, where ..... X X X X Extracts X X X X X X X X Extracts X X X X
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