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S. 172 No TDS on payment to non-resident shipping companies
Case Law Details
- Case Name
- CIT Vs V.S. Dempo & Co. Pvt. Ltd. (Bombay High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 1999-2000
- Courts
- All High Courts, Bombay High Court
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Brief of the Case
Bombay High Court held that there was no obligation to deduct tax at source in respect of payment made towards demurrage charges in cases where section 172 of the IT Act applies. The Revenue did not dispute in the present case that section 172 applied. Section 172 covers the case of an assessee who is a non-resident and engaged in the business of operation of ships. It further states that a sum equal to 7 % of the aggregate of the amount specified in sub- section (2) of section 44B as deemed to be profits and gains of such business chargeable to tax under the head “Profits...





