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Dcit., (Internation Taxation)-2, ... vs Virtusa International B V, Netherland on 23 October, 2024
cites
Section 234C in The Income Tax Act, 1961 [Entire Act]
The Code of Civil Procedure, 1908
Commissioner Of Income Tax ... vs Zte Corporation on 10 April, 2023
Respectfully following the precedence in the case of CIT (International
Taxation) Vs. ZTE Corporation (supra), we are of the view that in the case
of non-resident if the entire income is liable to withholding of tax and if due
to failure of the payer to deduct the tax at specified rate and the difference
tax is paid by the non-resident at the time of filing of return, the liability to
pay advance tax does not arise and therefore the assessee is not liable to
pay any interest u/s.234B & 234C of the Act. Therefore, we uphold the view
taken by the Ld. CIT(A) and remand the issue to the file of the Ld. AO with a
ITA No.727/Hyd/2024 6
direction to verify whether the income of Rs.44,14,57,400/- are in the
nature of dividend income or not and if the same is in the nature of
dividend income, delete the interest u/s.234B & 234C of the Act is leviable.
Accordingly, we dismiss the appeal of revenue.
Section 143 in The Code of Civil Procedure, 1908 [Entire Act]
Section 209 in The Income Tax Act, 1961 [Entire Act]
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