CBDT raises revenue effect threshold for issue of lower or nil withholding tax
certificate in case of non-resident taxpayers
The Central Board of Direct Taxes (CBDT), vide Instruction1 required administrative approval for issuance of a certificate under section 197 of the Income tax Act, 1961 if the amount of tax foregone exceeded INR 5m in Delhi, Mumbai, Chennai, Kolkata, Bengaluru, Hyderabad, Ahmedabad and Pune stations, and INR 1m for other stations.
The above thresholds created various administrative and systemic difficulties under the newly introduced online application process. This led to significant challenges and delays in non-resident taxpayers obtaining withholding orders. The CBDT, vide Office Memorandum 2, has now increased the threshold of tax foregone that require prior approval of the Commissioner of Income-tax (International Taxation) [CIT-IT] to INR 100m.
Accordingly, the threshold of tax foregone for CIT-IT approval is now raised from the erstwhile INR 5 m/ INR 1m (as the case may be) to INR 100m for all the applications of non-resident taxpayers, across stations, either pending as on date, or filed hereafter. The increased thresholds should expedite the issuance of Section 197/ 195 certificates to non-resident applicants.
1Instruction No. 7/2009 dated 22 December 2009
2F. No. 275/16/2019-IT(B) dated 02 September 2019
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