Case Law Details
Case Name : Van Oord ACZ India (P) Ltd. Vs CIT (Delhi High Court)
Related Assessment Year :
Courts :
All High Courts Delhi High Court
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The assessee, an Indian company remitted mobilisation & demobilisation charges of Rs. 8.65 crs by way of reimbursement to its parent company, a company based in Netherlands. The assessee applied to the AO u/s 195 (2) for a Nil withholding rate though the AO held that tax had to be deducted at 11%.
The assessee deducted tax on sums aggregating Rs. 6.98 crs. In the assessment order the AO took the view that as the assessee had failed to deduct tax at source u/s 195, the expenditure had to be disallowed u/s 40(a)(i). This was upheld by the CIT (A) and the Tribunal (effectively on the balance ...
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Dear Sir,
I had a query.On what amount the TDS is required to be deducted in case of section 195?
As there is a concept of reverse charge of Service Tax also applicable.
can you please illustrate and make me understand.
Thanks a lot,
Ankur
In view of the Delhi High Court’s order in the case of Van Oord ACZ India (P) Ltd. VERSUS Commissioner of Income Tax, what is the position if a partnership firm makes payment to a NRI of his credit balance in capital account which is credited to his capital account on revaluation of immovable property by the firm on his retirement.
My another query is whether a release deed has to be executed between the retiring partner and the firm towards the immovable property?. This is because the release deed attracts stamp duty.