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1 - 10 of 16 (2.86 seconds)Section 195 in The Income Tax Act, 1961 [Entire Act]
The Income Tax Act, 1961
Vijay Ship Breaking Corpn. & Ors vs Commnr. Of Income Tax, Ahmedabad on 1 October, 2008
8. If the contention of the Department that the moment
there is remittance the obligation to deduct TAS arises
is to be accepted then we are obliterating the words
'chargeable under the provisions of the Act' in section
195(1). The said expression in section 195(1) shows that
the remittance has got to be of a trading receipt, the
whole or part of which is liable to tax in India. The payer
is bound to deduct TAS only if the tax is assessable in
India. If tax is not so assessable, there is no question of
TAS being deducted. [See: Vijay Ship Breaking Corpn v.
CIT (2009) 314 ITR 309 (SC)]."
Transmission Corporation Of A.P. Ltd. ... vs Commissioner Of Income Tax, A.P on 17 August, 1999
- that the Hon'ble Apex Court in the case of Transmission
Corporation of A.P Ltd & Anr v. CIT (1999) 239 ITR 587
(SC) had held that certain receipt is considered as part of
gross receipts it is essential that such receipt constitutes an
income or has income embedded therein;
Section 201 in The Income Tax Act, 1961 [Entire Act]
Decta vs Commissioner Of Income-Tax on 17 May, 1996
(ii) The Hon'ble Authority for Advance Rulings, New Delhi in
the case of DECTA v. CIT reported in (1999) 237 ITR 190 (AAR) had held
that 'the amount of contribution received/receivable to recover part of the
cost of technical assistance provided by the applicant under the provisions
of its aid programme to the companies assisted by it in India is neither
income of the appellant under the provisions of the Income-tax Act nor fees
for technical services......"
Cloth Traders (P) Ltd., Etc vs Addl. Commr. Of Income Tax, ... on 4 May, 1979
(i) The Hon'ble Supreme court in the case of GE India Technology
Cen. (P) Ltd v. CIT reported in (2010) 327 ITR 456 (SC) had held that -
Section 133A in The Income Tax Act, 1961 [Entire Act]
Commissioner Of Income-Tax vs Dunlop Rubber Co. (I) Ltd. on 3 October, 1975
With due regards, we have perused the ruling of the Hon'ble
Court and of the considered view that the ratio laid down by the Court
(supra) is squarely applicable to the facts of the issue on hand.