Case Law Details
Case Name : M/s Palam Gas Service Vs Commissioner of Income Tax (Supreme Court of India)
Related Assessment Year :
Courts :
Supreme Court of India
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Section 40(a)(ia) covers not only those cases where the amount is payable but also when it is paid. In this behalf, one has to keep in mind the purpose with which Section 40 was enacted and that has already been noted above. We have also to keep in mind the provisions of Sections 194C and 200.
Once it is found that the aforesaid Sections mandate a person to deduct tax at source not only on the amounts payable but also when the sums are actually paid to the contractor, any person who does not adhere to this statutory obligation has to suffer the consequences which are stipulated in the Act itse...
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Sec. 40(a)(ia) inserted by the Finance Act, 2012 w.e.f. 01.04.13 It has for long been the legal position that if the payee has paid tax on his income, no recovery of any tax can be made from the person who had failed to deduct the income tax source from such amount prior to 01/04/2013