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Income Tax - Highlights / Catch Notes

Home Highlights December 2020 Year 2020 This

Withholding certificates u/s 197 issued at lower rate tax - ...


Tax Withholding Certificates u/s 197 Missing Required Order; Case Sent Back for Reconsideration.

December 22, 2020

Case Laws     Income Tax     HC

Withholding certificates u/s 197 issued at lower rate tax - Respondents are required to pass an order u/s 197 either rejecting the application for such certificate or allowing such application resulting in issuance of certificates which may be at rates higher than nil rate sought for by the assessee, such an order must be supported by reasons. - In the instant case, we do not know the reasons for not granting nil rate certificates to the petitioner u/s 197 - The contemporaneous order required to be passed under section 197 of the Act is also not available - Matter restored back - HC

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