Harun Raaj & AssociatesHarun Raaj & Associates
Direct Tax Services

Section 195 Lower Deduction Certificate

Lower Deduction Certificate

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Regulatory Framework

Statutory basis: Section 197 of the Income-tax Act, 1961, allows a taxpayer whose income is otherwise subject to TDS to apply for a certificate authorising the payer to deduct tax at a lower rate, or at nil, where the taxpayer's estimated final tax liability is less than the TDS that would otherwise be deducted.

Application: the application is made in Form No. 13, filed electronically through the TRACES portal to the taxpayer's jurisdictional Assessing Officer (TDS), under the procedure and standards prescribed by the Principal Director General of Income-tax (Systems) pursuant to Rule 28AA of the Income-tax Rules, 1962. The application must quote the applicant's PAN — no certificate can be granted without it — and is typically supported by processed income-tax returns and assessment particulars for the preceding financial years, projected income/tax computation for the current year, and details of the payments for which the lower/nil rate is sought.

Assessing Officer's role: the AO evaluates the application against the parameters set out in Rule 28AA (existing and estimated tax liability, TDS/advance tax already paid, and other relevant factors) before approving or rejecting the certificate; the AO may call for additional information before deciding. A certificate under Section 197, once granted, applies prospectively to the specific payer(s)/period stated in it and does not extend automatically to a subsequent financial year — a fresh Form 13 application is required each year.

Sources: cleartax.in and tax2win.in on the Form 13/Section 197 application mechanics; disytax.com and taxtmi.com (CBDT TRACES procedure notification) on the Rule 28AA basis and PAN/AO-approval requirements (WebSearch, 8 Sep 2026).

Overview

Lower deduction certificate services cover the application for and the use of the certificate under Section 197 of the Income-tax Act 1961 — the certificate from the Assessing Officer that authorises the deductor to deduct the TDS at a lower rate or to deduct no TDS on the payments to the applicant, where the applicant's total income justifies the lower deduction. The certificate is the instrument through which a taxpayer with the low or the nil tax position avoids the excessive withholding on the payments it receives.

The Section 197 certificate is the taxpayer's shield against the over-deduction — the interest income, the contract payments and the professional fees that would otherwise carry the TDS at the standard rates are deducted at the lower rate or not deducted at all, where the taxpayer's income position justifies it. The application is filed with the Assessing Officer with the income particulars, and the certificate is valid for the period and the payments it specifies.

The cost of operating without the certificate is the blocked cash: the TDS deducted at the full rates on the income that would have carried the lower deduction, and the refund claimed months later. For the taxpayer with the losses or the low income, the certificate is the cash-flow protection.

This service is for taxpayers facing excessive TDS. We assess the eligibility under Section 197, prepare the application with the income and the tax particulars, file with the Assessing Officer, obtain the certificate, and coordinate with the deductors — so the payments carry the lower deduction the taxpayer's position justifies.

How It Works

  1. 1

    Eligibility Assessment

    We assess the eligibility and the justification under Section 197.

    Harun Raaj & Associates does this1 week
  2. 2

    Application Preparation

    We prepare the application with the income and the tax particulars.

    Harun Raaj & Associates does this1 week
  3. 3

    Filing with the AO

    We file the application with the Assessing Officer.

    Harun Raaj & Associates does this1-2 weeks
  4. 4

    Certificate Obtainment

    We obtain the certificate with the prescribed rate.

    Government2-6 weeks
  5. 5

    Deductor Coordination

    We coordinate with the deductors to apply the lower rate.

    Harun Raaj & Associates does thisAs required

Frequently Asked Questions

When is TDS under Section 195 required?
Section 195 requires any person making a payment to a non-resident (or foreign company) that is chargeable to tax in India to deduct TDS before remittance. This covers royalties, technical fees (FTS), interest, business income attributable to a PE, and capital gains. The obligation applies to all payers — including individuals and HUFs. Failure to deduct results in disallowance under Section 40(a)(i) and penalty under Section 201.
What is a lower or nil deduction certificate under Section 197?
The non-resident payee or the Indian payer applies to the Assessing Officer in Form 13 for a certificate authorising TDS at a lower rate or nil. The AO examines DTAA applicability — if a treaty rate applies (e.g., 10% royalty rate vs. the standard 20% under Section 115A), the certificate is issued for that rate. Valid for the AY specified and must be given to the payer before payment.
What TDS rates apply without a DTAA?
Default domestic rates under Section 115A: royalties and FTS — 20%; interest — 20%; dividends — 20%; LTCG on listed securities — 10% (Section 112A); STCG on equity with STT — 20% (Section 111A); other income — 30% for foreign companies or applicable slab for non-resident individuals. Surcharge and cess apply on top of these base rates.
What are Form 15CA and Form 15CB?
Form 15CA is a declaration filed by the remitter on the income tax portal before a foreign remittance. Form 15CB is a CA certificate under Rule 37BB confirming TDS has been correctly deducted or the remittance is not taxable in India — required when remittance exceeds ₹5 lakh in a financial year and is not specifically exempt under Rule 37BB Part C. Banks will not process the outward remittance without the 15CB reference number.
Can the lower deduction certificate be obtained in advance for recurring payments?
Yes — Form 13 is filed online on TRACES. The AO must issue or reject within 30 days. Obtained in advance for recurring payments (annual licence fees, software subscriptions, intercompany charges) so the payer deducts at the DTAA rate throughout the year rather than the higher domestic rate. Without the certificate, the payer must deduct at the full domestic rate and the non-resident claims a refund in the Indian ITR.

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