Deduction u/s 80J, 80K, exemption certificates u/s 197 - responsibility of ITO
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Provisional tax exemption certificates: issue, review and corrective reopening required when dividend deductions are later disallowed.
A company must obtain a certificate under section 197(3) from the Income-tax Officer assessing the company to authorise non-deduction of tax at source on dividend portions deductible under section 80-K; such certificates are provisional pending final determination of section 80-J claims. Assessing officers must clearly mark certificates provisional, ensure company endorsements, review certificates at assessment finalisation, and where deductions are disallowed, obtain shareholder lists, notify Commissioners with corrected figures, seek reopening of shareholders' assessments under section 147(b), and secure acknowledgements. The assessing officer is liable for revenue loss from failure to comply.