Case Law Details
Case Name : Transmission Corporation Of A.P. Ltd. And Anr. Vs. Commissioner Of Income Tax, A.P. (Supreme Court of India)
Related Assessment Year :
Courts :
Supreme Court of India
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Answers given by the High Court that (i) the assessee who made the payments to the three non-residents was under obligation to deduct tax at source under Section 195 of the Act in respect of the sums paid to them under the contracts entered into; and (ii) the obligation of the respondent-assessee to deduct tax under Section 195 is limited only to appropriate proportion of income chargeable under the Act, are correct.
Supreme Court of India
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Sec 194C / 194J etc are not mentioned here.
Even these section says “on income comprised there in”.
But due the high-handed CBDT [which considers itself a legislature to tax] circular makes it compulsory to deduct on total amount.