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1 - 10 of 13 (0.34 seconds)Section 115A in The Income Tax Act, 1961 [Entire Act]
Section 90 in The Income Tax Act, 1961 [Entire Act]
Section 195 in The Income Tax Act, 1961 [Entire Act]
The Finance Act, 2018
Finance Act, 2013
Section 2 in The Income Tax Act, 1961 [Entire Act]
Section 195A in The Income Tax Act, 1961 [Entire Act]
Section 201 in The Income Tax Act, 1961 [Entire Act]
Chambal Fertilisers And Chemicals ... vs Acit, Kota on 25 September, 2017
2. DCIT v. Calderys France (2017) 84 Taxamann.com 301(Pune-Trib)
Thus, keeping in view the decision of the Special Bench of the tribunal in
the case of Nagarjuna Fertilizers and Chemicals Limited(supra) which is
binding on us , we do not find any infirmity in the order of learned CIT(A) in
directing AO to verify whether the payees are entitled for benefits of DTAA
and also whether they hold the tax-residency certificate as is required by the
7
I.T.A. No. 6424/Mum/2016
provisions of the 1961 Act , which directions of learned CIT(A) we
affirm/sustain . It is also on record that the assessee has in-fact deducted
income-tax @22.66% on all these foreign remittances while rate prescribed
under the provisions of DTAA with France is lower @10% than the rate
prescribed under provisions of Section 115A for making payments in the
nature of technical fee. We affirm the order/directions of the learned CIT(A)
vide appellate order dated 04-07-2016 so is relevant for the previous year
relevant to the impugned assessment year under consideration before us
and hold that under the facts and circumstances of the case the assessee
cannot be held to be an assessee in default within meaning of Section 201(1)
and 201(1A) of the 1961 Act. We order accordingly.