https://www.taxtmi.com/caselaws?id=341090 A payer cannot be treated as an assessee in default for failure to deduct tax at source where the corresponding income cannot lawfully be assessed in the payee's hands within the time permitted by law. On that basis, the ITAT Mumbai held that the conditions for invoking the TDS default machinery were not satisfied because no assessment had been made in the foreign associated enterprise's case and further assessment was time-barred. The order under section 201(1) was therefore unsustainable, and the related interest under section 201(1A) also could not survive. en-us Fri, 24 Mar 2017 00:00:00 +0530 Thu, 30 Mar 2017 17:59:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=341090 A payer cannot be treated as an assessee in default for failure to deduct tax at source where the corresponding income cannot lawfully be assessed in the payee's hands within the time permitted by law. On that basis, the ITAT Mumbai held that the conditions for invoking the TDS default machinery were not satisfied because no assessment had been made in the foreign associated enterprise's case and further assessment was time-barred. The order under section 201(1) was therefore unsustainable, and the related interest under section 201(1A) also could not survive. Case-Laws Income Tax Fri, 24 Mar 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=341090