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Case Law Details

Case Name : Hindalco Industries Vs. DCIT (ITAT Mumbai)
Related Assessment Year :
Hindalco Industries Vs. DCIT (ITAT Mumbai) Despite TDS u/s 195, payer is liable as “agent” u/s 163. However, if payee is assessed, payer cannot be assessed as “representative assessee” The assessee purchased shares of an Indian company from Alcan Inc, Canada. Alcan filed an application u/s 197(1) for issue of a TDS certificate on the basis that the capital gains was Rs. 317.71 crores and tax at 10% was chargeable. The AO issued a certificate directing the assessee to withhold Rs. 40 crores on a provisional basis subject to regular assessment. The assessee complied with the same. During...
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