National Aviation Co. of India Vs. DCIT (ITAT Mumbai)

National Aviation Co. of India Vs. Dy. Commissioner of Income Tax ITAT Mumbai)- When the assessee is prevented from deducting tax u/s 195, the question of his not performing the obligation under law does not arise and thus he cannot be held a defaulter. The assessee cannot be held to be an assessee in default in terms of section 201 and 201(1A) of the Act. This is a case of impossibility of performance and the assessee is released from the obligation and hence the assessee is not an assessee in default.

INCOME TAX APPELLATE TRIBUNAL
MUMBAI BENCH “L”, MUMBAI

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