2011 (5) TMI 506

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ngh, Accountant Member. - This appeal by the assessee is directed against the order dated 3-3-2004 of CIT(A). The only dispute raised is regarding applicability of provisions of section 195 regarding deduction of tax at source from the payment made by the assessee to M/s. Tong Yong Mooslan Co. Ltd. 2. Briefly stated facts of the case are that the assessee had an agreement dated 23-6-2000 wit....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....to TYM vide invoice dated 1-1-2003 being the sixth instalment. The case of the assessee is that the payment was made for outright purchase of drawing and design and not for any technical services and therefore, no tax was required to be deducted. The assessee made an application to the Chartered Accountant (CA) M/s. B.K. Khare & Co. for issuing no objection certificate in the matter of deduction o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....wn case vide order dated 28-7-2006 in ITA No. 2733-39/M/03. The Tribunal in the said case noted that the system of no objection certificate being issued by Assessing Officer under the Act was simplified by CBDT in 1997 vide Cir. No. 759, dated 18-11-1997 as per which it was no longer necessary for the assessee to obtain no objection certificate from the Assessing Officer and instead the assessee c....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... in which it was held that a formal order of the Assessing Officer was not required to present an appeal under section 248/249 of the Income-tax Act. The Tribunal observed that in that case the Assessing Officer had taken the stand that the assessee was liable to deduct tax at source and did not take any action on the representation made by the assessee. Though the Assessing Officer had not passed....