TaxTMI 
TaxTMI 
2021 (12) TMI 59
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....nally filed in Delhi and got transferred to Mumbai by order of the Apex Court. 2. Petitioner is impugning a notice dated 27/3/2002 for Assessment Year 1996-1997 and dated 15/2/2002 for Assessment Year 1997-1998 issued under Section 148 of the Income Tax Act, 1961 (the said Act). 3. Petitioner is an Indian company and subsidiary of Reuters Limited, U.K. (Reuters UK). Since inception petitioner is....
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....the amounts comprising 65 % without deduction of any tax at source. By a certificate dated 20/5/1996, petitioner was issued authorization for payment of sums to Reuters UK without deduction of tax at source. Paragraph No.2 of the said certificate reads as under: "You are hereby authorised to make payment of the aforesaid sum to M/s. Reuters Limited, London U.K. being in the nature of purchase pr....
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....6-97 and 1997-1998, the entire allegation is petitioner had misrepresented facts while procuring "Nil" TDS certificate from ACIT (TDS) by misrepresentation of facts. Reasons list various clauses of the agreement between petitioner and Reuters UK and the Assessing Officer held that Reuters UK actually had permanent establishment in India through petitioner which fact was not disclosed to the origin....
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....ith the views expressed and the reasons for reopening, still, determination of ACIT (TDS) is error in law, would not cease to be determination on which assessee could legitimately act and it is not open to the Revenue to hold the assessee liable for short deduction of tax made on the basis of such certificate and that by itself would not enable the Revenue to impose liability on the assessee, who ....