Application by a person for a certificate under section 197 and/or sub-section (9) of section 206C of the Income-tax Act, 1961, for no deduction of tax or deduction or collection of tax at a lower rate
Form 13 belongs to the regime of the Income-tax Act, 1961. The same ground is now covered by Form 128 of the Income-tax Rules, 2026. It is an application. Nothing follows from filing it by itself; what follows is an order, and the order is what matters. The assessee signs and files this himself.
| What the description names | Where it sits now |
|---|---|
| section 197 of the 1961 Act | section 395, section 400 |
| section 206C of the 1961 Act | section 2, section 390, section 394, section 395, section 397, section 398, section 400, section 402 |
Rules of the 2026 Rules that work the same section. rule 214 (Application by payer for grant of certificate under section 395(2) or), rule 215 (Certificate of tax deducted or collected at source to be furnished). This is our own matching — we have paired the section the form names with the rules whose headings name that same section. The department has not said that any of these rules prescribes this form.
| Under the 2026 Rules | What the department calls it |
|---|---|
| Form 128 | Application for issuance of certificate for lower or nil deduction of income-tax under section 395(1) and lower collection of income-tax under section 395(3) |
You meet it on the deduction side of a payment — at the quarter end when a statement falls due, or when the person deducted from asks for the certificate that lets him claim the credit. A mismatch between the statement and the credit claimed is where most of the trouble starts.
I hold a Mauritius TRC. Can the department still deny me treaty relief on the capital gains?
I am paying a foreign supplier for equipment and its erection. Most of the payment is cost, not profit. Must I deduct tax at source under section 195 at all?
I am paying a foreign supplier for equipment and for erecting it, and only part of that is really his income - must I deduct tax under section 195 on the whole payment?
The officer issued my 197 certificate at a higher rate without giving reasons. Can I challenge it?
I am a foreign company providing survey and data services to an offshore oil exploration block in India. Am I taxed at 10% of gross under section 44BB, or must I go under section 44DA?
Form 10E, Form 12B, Form 12BA, Form 12BAA, Form 12BB, Form 12BBA, Form 15C, Form 15D, Form 15E, Form 15G, Form 15H, Form 16