The Delhi High Court reiterates that tax is not required to be deducted if the payment made to non-resident is not chargeable to tax in India

Recently, the Delhi High Court in the case of Maharishi Housing Development Finance Corporation Ltd. Vs ACIT (ITA No. 222 of 2009) (Delhi) after following its own decision in the case of Van Oord ACZ India (P) Ltd v. CIT [2010-TIOL-1 87-HC-DEL-IT] held that the question of tax withholding in case of payment made to non-resident would arise only if the said payment is chargeable to tax in India.

Facts of the case:- The taxpayer made certain payments to non-resident without deducting tax on the same. The Assessi

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