1. As per the provisions of the Income Tax Act, TDS is required to be deducted at the time of making any payment. In cases where such TDS is being deducted, the tax payable will be computed by first deducting the TDS and then the recipient of income claims a refund of TDS at the time of filing of his Income.
2. Therefore, when a taxpayer’s final tax
liability is less than the amount of TDS being deducted, based on TDS rate in
force, he may file an application for Nil/ Lower deduction of TDS U/S 197 of
the Income Tax Act in Form 13. This is possible in cases where justification
can be made for lower deduction of TDS on the basis of low projected
profitability.
3. Application in FORM 13 can be made by the
recipient of income in case of the following category of receipts where TDS is
required to be made under the following Sections:
• Section 193 – Interest on
securities
• Section 194 – Dividends
• Section 194A – Interest other than
interest on securities
• Section 194C – Contractors income
• Section 194D – Insurance commission
• Section 194G –
Commission/remuneration/prize on lottery tickets
• Section 194H – Commission or brokerage
• Section 194-I – Rent
• Section 194J – Fee for Professional or
technical services
• Section 194LA – Compensation on
acquisition of immovable property
• Section 194LBB – Income in respect of
units of investment fund
• Section 194LBC – Income in respect of
investment in securitization trust
4. Documents to be submitted for FORM 13?
• Signed Form 13
• Copies of return of income along with
enclosures and acknowledgment for previous 3 financial years
• Copies of assessment orders for previous 3
financial years
• In case of assessee having business or
profession income, copies of financial statement along with audit report if any
for previous 3 financial years
• Projected profit and loss account for the
current financial year
• Computation of income statement for
previous 3 financial years and estimated computation for the current financial
year
• Copy of PAN card
• Tax Deduction Account Number of all
parties responsible for paying you
• E-TDS return acknowledgment for previous 2
financial years
• Estimated income during financial year
• Any other documents depending on nature of
income
• TDS default, if any
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