Case Law Details
PCIT Vs Boeing India Pvt. Ltd (Delhi High Court)
Delhi High Court held that section 195 of the Act has no application once the nature of payment is determined as salary and deduction has been made under Section 192 of the Act.
Facts-
The appellant states that ITAT has erred in allowing the appeal of the assessee on the ground that the draft order framed under Section 144C(1) of the Income Tax Act, 1961 was issued in the name of a non-existing company and was accordingly void ab-initio making all subsequent proceedings non-est ignoring the fact that initial jurisdictional notice dated 16th March, 2016 under Section 143(2) of the Act had been issued to the correct entity and the final assessment order dated 29th October, 2019 had been passed in the name of the new entity as per the Directions of the Dispute Resolution Panel (DRP).
The appellant also states that the ITAT has erred in deleting the additions of Rs.56,58, 19,799/- made by the Assessing Officer under Section 40(a)(ia) read with Section 195 of the Act without appreciating that the assessee was clearly liable to deduct tax on this.
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