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    <title>2009 (3) TMI 33 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=32752</link>
    <description>SC held that TDS provisions in Chapter XVII-B are machinery linked to charging provisions and that s192(1) must be read with s9(1)(ii) (and its Explanation); payments characterized as salary under s9(1)(ii) attract TDS even if paid abroad in foreign currency. Tax-deductors were duty-bound to deduct tax on home salary/special allowances paid for services rendered in India. The AO is directed to examine each case: where the employee has paid tax, no action under s201(1); where tax remains unpaid, AO to recover the shortfall under s201(1). Penalties under s271C are quashed as the issue was nascent; departmental appeals partly allowed.</description>
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    <pubDate>Wed, 25 Mar 2009 00:00:00 +0530</pubDate>
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      <title>2009 (3) TMI 33 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=32752</link>
      <description>SC held that TDS provisions in Chapter XVII-B are machinery linked to charging provisions and that s192(1) must be read with s9(1)(ii) (and its Explanation); payments characterized as salary under s9(1)(ii) attract TDS even if paid abroad in foreign currency. Tax-deductors were duty-bound to deduct tax on home salary/special allowances paid for services rendered in India. The AO is directed to examine each case: where the employee has paid tax, no action under s201(1); where tax remains unpaid, AO to recover the shortfall under s201(1). Penalties under s271C are quashed as the issue was nascent; departmental appeals partly allowed.</description>
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      <pubDate>Wed, 25 Mar 2009 00:00:00 +0530</pubDate>
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