Income Tax Act, 2025  ·  Chapter XVIII — Collection and Recovery of Tax  ·  Section 395

Section 395
Certificates

IT Act 2025 Chapter XVIII Effective 1 April 2026 Old: 197
New Provision
Section 395, IT Act 2025
Replaces (IT Act 1961)
197
Chapter
Chapter XVIII — Collection and Recovery of Tax
Effective From
1 April 2026
Statutory Text — Section 395

here tax is required to be deducted on any income or sum under this Chapter, then subject to the rules made under this Act,— (a) the payee may make an application before the Assessing Officer for deduction of income-tax at a lower rate or no deduction of income-tax, as the case may be; and (b) the Assessing Officer on being satisfied that the total income of the payee justifies deduction of income-tax at a lower rate or no deduction of income-tax, as the case may be, shall issue to him a certificate as appropriate; and (c) when a certificate is issued under clause (b), the person responsible for paying the income or sum shall deduct the tax at the rate specified in such certificate, or deduct no income-tax, as the case may be, till its validity. (2)(a) The person responsible for paying to a non-resident any sum as mentioned in section 393(2) (Table: Sl. No. 17), may make an application to the Assessing Officer in such form and manner as may be prescribed, where he considers that the whole of such sum would not be chargeable in the case of the recipient; (b) the application under clause (a) shall be for determination of the appropriate proportion of the sum chargeable to tax, by the Assessing Officer in the manner as may be prescribed; and (c) when the determination is made by the Assessing Officer as per clause (b), the tax shall be deducted under section 393(2) (Table: Sl. No. 17) only on that proportion of sum which is chargeable to tax under the Act. (3) Where tax is required to be collected on any amount under this Chapter, then subject to the rules made under this Act,–– (a) the buyer or licensee or lessee may make an application before the Assessing Officer for collection of tax at a lower rate; (b) the Assessing Officer on being satisfied that the total income of the buyer or licensee or lessee justifies collection of tax at a lower rate, shall

issue to him a certificate as may be appropriate; and (c) when a certificate is issued under clause (b), the person responsible for collecting tax shall collect it at the rates specified in such certificate till its validity. (4)(a) Every person deducting or collecting tax shall issue a certificate to the deductee or collectee, as the case may be, specifying–– (i) the amount of tax that has been deducted or collected; (ii) the rate at which tax has been deducted or collected; and (iii) any other particulars, as may be prescribed, within such period as may be prescribed; (b) an employer referred to in section 392(2)(a) shall issue a certificate to the employee, in respect of whose income payment of tax has been made by the employer, that the tax has been paid to the Central Government, and specify–– (i) the amount of tax so paid; (ii) the rate at which tax has been paid; and (iii) any other particulars, as may be prescribed, within such period, as may be prescribed. (5) The Assessing Officer may cancel the certificate granted under sub-section (1) or (3) after giving reasonable opportunity to the applicant.

Shahi & Co. — Our Understanding
This section falls under Chapter XVIII which deals with collection and recovery of tax — including TDS, advance tax, self-assessment tax, and recovery proceedings.
Practical Note: TDS compliance is one of the most heavily scrutinised areas in income tax. Failure to deduct, short deduction, or late deposit of TDS attracts interest, penalty, and disallowance of the related expenditure.
Shahi & Co., Chartered Accountants
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Disclaimer: This is a reproduction of Section 395 of the Income Tax Act, 2025 (No. 30 of 2025) as published in the Official Gazette of India (CG-DL-E-22082025-265620) for informational and reference purposes only. Shahi & Co., Chartered Accountants makes no warranty as to completeness or accuracy. For the official authenticated text refer to egazette.gov.in or incometaxindia.gov.in. This does not constitute legal or tax advice.