How to make Application for NIL/Lower deduction certificate

How to make the Application for NIL/Lower deduction certificate 

• Form No. 13 can be used to submit an application for the issuance of a Nil or Lower TDS certificate. Such a form may be submitted electronically using an electronic verification code or a digital signature. To apply for this certificate, you must have PAN.

Modified procedure:  

• Those taxpayers who have not filed for lower or Nil Tax Deducted at Source/ Tax collected at Source certificate in the TRACES portal and who do not have a certificate for Financial Year 2019-20, are required to make an application as per the modified procedure.
• Lower/ NIL deduction certificate U/s 197/206C(9) applicant shall apply of vide E-MAIL addressed to the concerned AO. The Email shall contain data/documents as under and the modified procedure for application under sections 197/206C(9) is briefly stated below:
  • Complete file Form 13
  • Copy of Income-tax Form 26AS for Financial Year  & Financial Year
  • Income tax return for Financial Year
  • Estimated BS and Profit and loss for Financial Year
  • BS and Profit and loss(Provisional) for Financial Year
  • Copy of Audited financials for Financial Year
  • The information/documents as needed to be submitted on TRACES portal while filling up Form 13 (all the TAN wise information of estimated Gross revenue, Normal Tax computation for past four YR’s, details of income claimed to be exempted in estimated financials, Income tax assessment order for past four YRs)
• The present process for doing applications U/s 195(2) & 195(3) will make the application except that such applications need to be made through email to the relevant Assessing Officer. The certificates under the said above sections will be issued by email mode.

Issuance/Grant of Certificate by Assessing Officer

• The Lower TDS certificate shall be granted up to 30/06/2020 or any other date (earlier than 30/06/2020) as specified by the Assessing Officer. The Certificate issued by Assessing Officer through email shall contain the below details:

Serial Number	TAN of deductor	PAN of deductee	FY	Section	The estimated amount of Income	The applicable rate of deduction/ collection	Valid from date	Valid to date

• The grant/issuance of a Lower deduction certificate shall be provided to the applicant who shall share the same with the collector/ deductor.
• In case lower TDS is to be deducted and a certificate is issued in compliance with Section 197, the order of the Assessing Officer shall deduct the lower or lower TDS.
• Assessing Officer of different State can’t issue notice just because income tax Assessee applied for lower Tax Deducted at Source mentioning address of that State: Honorable High Court.

TDS FORM

Which income tax forms is required for NIL / lower deduction of Tax Deducted at Source?

• An application for Lower deduction of Tax Deducted at Source or Nil TDS deduction is needed to be submit in income tax Form 13 to the ITO, &  AO or Tax officer on being satisfied that NIL / lower deduction of Tax Deducted at Source is justified then AO shall issue a NIL / lower deduction of Tax Deducted at Source certificate for the same U/s 197 of income Tax Act.

Which Income tax form is needed for non-deduction of Tax Deducted at Source?

• Income taxpayers can file Form 15H or Form 15G to apply that no Tax Deducted at Source be deducted since tax on taxpayers total income is nil. Form 15H and Form 15G both are income tax self-declaration forms that taxpayers have to file to bank when taxpayers open a fixed deposit account. While income tax Form 15G is for those who are not attend the 60 years & come under HUF, Income tax Form 15H is for all Income taxpayers who is 60 years & above. What case Form 15G & Form 15H are needed to be file?
  • Income from Corporate Bonds
  • Income from LIC Policies
  • EPF Withdrawal
  • Income from Post Office Deposits
  • Revenue from Rent

NRI compliance & Taxation solution provider in India

• An Non-Resident Indian has to remit proceeds of property purchase outside India (from Non-Resident Ordinary to Non-Residential External). The Tax Deducted at Source was deducted at lower rates as per certificate U/s 197. For that purpose lower rates as per certificate U/s 197 is required, Moreover that Usually Bank is asking for income tax Form 15CB and form 15CA, Normally NRI asking advice a few queries with reference to following question like : –

1. 1. Nation to which remittance is made (to be mentioned as India as the Non-Residential External account is in India?)
   2. Amount payable in foreign currency (to be mentioned in Rs.?)
   3. Relevant purpose code as per Reserve Bank India? – is it a capital account transaction?
   4. Tax Deducted at Source amount to be mentioned same as was deducted on sale of property? – or this needs to be shown as normal?
   5. Rate of Tax Deducted at Source as per Income Tax is to be mentioned as lower rate or normal rate ?

• We provide solution for all the Question of NRI’s,  Rajput Jain and Associates Chartered Accountants firm welcome all the Non-Resident Indian’s, RJA is leading NRI compliance & Taxation solution provider in India / Delhi. As a non-resident Indian (NRI), it is essential to understand tax implications in India. Rajput Jain and Associates CA firm have been providing Non-Resident Indian tax consultancy services for over last 15 years, with a focus on delivering personalised solutions for all the our NRI’s clients.