Case Law Details
Case Name : Commissioner Of Income Tax Vs M/S. Chennai Metropolitan Water Supply and Sewerage Board (Madras High Court)
Appeal Number : Tax Case (Appeal) Nos. 500 and 501 of 2005
Date of Judgement/Order : 20/09/2011
Related Assessment Year :
Courts :
All High Courts Madras High Court
Become a Premium member to Download.
If you are already a Premium member, Login here to access.
Sponsored
Learned counsel appearing for the assessee submitted that TDS has to be done only on the income chargeable under the Act. The payee being a loss making company and that the payment made was a composite amount covered under the DTAA, the question of there being any shortfall did not arise. We do not agree. Going by the decision of the Apex Court on Section 195(2) of the Income Tax Act that even in a case of composite amount payment, unless the assessee had approached the Officer for a certificate under Section 195(2) for applying the doctrine of proportionality, the entire amount has to suffer for deduction under Section 195(1) of the Income Tax Act.
Madras High Court
Commissioner Of Income Tax
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Sponsored
Kindly Refer to
Privacy Policy &
Complete Terms of Use and Disclaimer.