National Aviation Co. of India Vs. DCIT (ITAT Mumbai)

National Aviation Co. of India Vs. Dy. Commissioner of Income Tax ITAT Mumbai)- When the assessee is prevented from deducting tax u/s 195, the question of his not performing the obligation under law does not arise and thus he cannot be held a defaulter. The assessee cannot be held to be an assessee in default in terms of section 201 and 201(1A) of the Act. This is a case of impossibility of performance and the assessee is released from the obligation and hence the assessee is not an assessee in default.Please become a Premium member. If you are already a Premium member, login here to access the full content.