Allowing the petition the Court held that ;only the concerned official has to record his satisfaction while issuing the TDS certificate. No functionary other than the officer referred to in the relevant statutory provision, namely S. 197 and Rule 28AA of the Income Tax Rules, 1962, is permitted to take over the jurisdiction or interfere in the exercise of the discretionary power envisaged by this statutory provision. Court also clarified that ;while issuing those certificates, the Petitioner can request the officer to make it effective from a specific date. That liberty is given to the Petitioner, as well.( WP No. 2764 of 2018, dt. 08.10.2018)
TLG India Private Limited v. JCIT (Bom)(HC),www.itato nline.org
S. 197 : Deduction at source – Certificate for lower rate –Only the concerned official has to record his satisfaction while issuing the TDS certificate-No functionary other than the officer referred to in the relevant statutory provision, namely S. 197 and Rule 28AA of the Income Tax Rules, 1962, is permitted to take over the jurisdiction or interfere in the exercise of the discretionary power envisaged by this statutory provision. [ R.28AA]