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Rule 28AA: Certificate for deduction at lower rates or no deduction of tax from income other than dividends

The Income-tax Rules, 1962Central Act · 1962

Certificate for deduction at lower rates or no deduction of tax from income other than dividends.

(1) Where the Assessing Officer, on an application made by a person under sub-rule (1) of rule 28 is satisfied that existing and estimated tax liability of a person justifies the deduction of tax at lower rate or no deduction of tax, as the case may be, the Assessing Officer shall issue a certificate in accordance with the provisions of sub-section (1) of section 197 for deduction of tax at such lower rate or no deduction of tax.

(2) The existing and estimated liability referred to in sub-rule (1) shall be determined by the Assessing Officer after taking into consideration the following:—

(3) The certificate shall be valid for such period of the previous year as may be specified in the certificate, unless it is cancelled by the Assessing Officer at any time before the expiry of the specified period.

[(4) The certificate for deduction of tax at any lower rates or no deduction of tax, as the case may be, shall be issued direct to the person responsible for deducting the tax under advice to the person who made an application for issue of such certificate:

Provided that where the number of persons responsible for deducting the tax is likely to exceed one hundred and the details of such persons are not available at the time of making application with the person making such application, the certificate for deduction of tax at lower rate may be issued to the person who made an application for issue of such certificate, authorising him to receive income or sum after deduction of tax at lower rate.

(5) The certificates referred to in sub-rule (4) shall be valid only with regard to the person responsible for deducting the tax and named therein and certificate referred to in proviso to the sub-rule (4) shall be valid with regard to the person who made an application for issue of such certificate.

(6) The Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems), as the case may be, shall lay down procedures, formats and standards for issuance of certificates under sub-rule (4) and proviso thereto and the Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems) shall also be responsible for evolving and implementing appropriate security, archival and retrieval policies in relation to the issuance of said certificate.]

Where this provision sits

ActThe Income-tax Rules, 1962
Rule28AA
Marginal noteCertificate for deduction at lower rates or no deduction of tax from income other than dividends
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted. Substituted for "income, as the case may be, of the last three" by the IT (Eleventh Amdt.) Rules, 2018, w.e.f. 25-10-2018.
  • inserted. Inserted by the IT (Eleventh Amdt.) Rules, 2018, w.e.f. 25-10-2018.
  • omitted. Omitted by the IT (Eleventh Amdt.) Rules, 2018, w.e.f. 25-10-2018.
  • substituted. Substituted by the IT (Eleventh Amdt.) Rules, 2018, w.e.f. 25-10-2018.

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