Whether instructions issued in 1966 to bar person responsible for paying interest from taking cognizance of tax exemption or abatement certificate issued by ITO in favour of beneficial owner of securities held by banking companies, etc., on behalf of their constituents
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Beneficial owner exemption: tax may be deducted according to an abatement or exemption certificate presented by the beneficial owner. The 1966 instructions requiring deduction of tax on interest at the rates applicable to the registered banking company do not bar recognition of abatement or exemption certificates issued under section 197(1) for beneficial owners; if the Income-tax Officer is satisfied that an applicant is the beneficial owner and the bank is only the nominal holder, he may grant a certificate, and the Public Debt Office should deduct tax in accordance with that certificate.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Beneficial owner exemption: tax may be deducted according to an abatement or exemption certificate presented by the beneficial owner.
The 1966 instructions requiring deduction of tax on interest at the rates applicable to the registered banking company do not bar recognition of abatement or exemption certificates issued under section 197(1) for beneficial owners; if the Income-tax Officer is satisfied that an applicant is the beneficial owner and the bank is only the nominal holder, he may grant a certificate, and the Public Debt Office should deduct tax in accordance with that certificate.
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