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The High Court held that the Assessing Officer (AO) does not have the power to summarily reject an application u/s 197 for deduction of tax at lower or nil rates based solely on the existence of a pending tax demand against the assessee for a different assessment year. The satisfaction required u/s 197 relates specifically to the total income of the recipient for the subject assessment year where the deduction is claimed. The existence of a pending demand, even if stayed, is an extraneous consideration that cannot be the basis for rejecting the application. The impugned orders were set aside, and the application was restored before the AO for consideration in accordance with the law.
The High Court held that the Assessing Officer (AO) does not have the power to summarily reject an application u/s 197 for deduction of tax at lower or nil rates based solely on the existence of a pending tax demand against the assessee for a different assessment year. The satisfaction required u/s 197 relates specifically to the total income of the recipient for the subject assessment year where the deduction is claimed. The existence of a pending demand, even if stayed, is an extraneous consideration that cannot be the basis for rejecting the application. The impugned orders were set aside, and the application was restored before the AO for consideration in accordance with the law.
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