whether the learned
CIT(A) was justified in holding that section 206AA of the Income Tax Act, 1961 do not override
the provisions ... facts of the case in coming to the
conclusion that Sec.206AA of Income Tax Act does not override the provision
years under consideration by applying the
provisions of section 206AA of the Act. Aggrieved the assessee
carried the matter in the Appeal before ... 4079/Del/2012 [ITO(TDS) vs. Bharti Airtel Ltd. ]
3.1 On Section 206AA , the Ld. CIT(A) held that this Section is
applicable only prospectively
having Permanent Account Number (PAN). The
Department under the provisions of section 206AA treated the tax
deducted by assessee as 'short deduction ... erred in law in concluding that sec 206AA is not applicable in
case of non-residents as the DT AA overrides
Page 21 of 29
25. It is evident that section 206AA contains a non-obstante clause and
relying on the same, the stand taken ... time of hearing before us, is that the
provisions of section 206AA have a overriding effect and since the said
provisions override all other provisions
deduction in such cases to be 20% as prescribed under section 206AA of the
Income tax Act, 1961( "the Act") as such payees ... resident in India as per the provisions of the DTAA and Section 206AA of the Act
cannot override section
erred in law in concluding that sec 206AA is not applicable
in case of non-residents as the DTAA overrides the Act as per section ... Finance (No.
2) Bill, 2009 which clearly states that the sec 206AA applies to non-
residents and also Press Release of CBDT
within the
meaning of clause (i) of the section 206AA of the Act, for payment made
to entities located in DTAA countries while upholding ... when the assessee itself had applied the provisions of
section 206AA of the Act on the payments made to the non-residents?
4. The Appellant
case made out by the Revenue to
the effect that Section 206AA overrides Circular No. 333, which is
beneficial to the assessee.In the present ... Number (PAN) by the recipient non-residents, having regard to
the Section 206AA of the Act.
ITA No.666/Ahd/2018
Jyoti Limited vs. DCIT
source at a higher rate in terms of the provisions
of section 206AA of the Act. A show cause notice was issued which ... rightly withheld at 20% in terms of the
provisions of section 206AA. In support of the contention that the rate
of tax withholding
payments
are liable for TDS at the rate of20% as per section 206AA of
the IT Act, 1961
9.2 The learned CIT(A) has erred ... consequently there was no requirement to furnish its PAN
under section 206AA ;
4
IT(IT)A Nos.4 & 1182 /Bang/2014.
M/s.Infosys
