2007 (10) TMI 283

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.... for the respondent. JUDGMENT PRADEEP NANDRAJOG J.- The petitioners have been impleaded as accused in a complaint filed by Shri A. K. Fotedar, Inspecting Assistant Commissioner, Income-tax Department, the Government of India, under section 276B of the Income-tax Act. 2. The petitioner of Crl. M. C. No. 3248 of 2002 is accused No. 1. The petitioners of Crl. M. C. No. 307 of 2003 are the di....

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....ar in question, the total royalty payable was Rs. 6,42,376.40 per cent. of the royalty had to be deducted at source, i.e., Rs. 2,25,690 had to be deducted. That the RBI did not give permission to remit the money to the foreign company and hence notwithstanding the company having credited Rs. 6,42,376 payable towards royalty since none was actually paid, nothing had to be paid to the Government tre....

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....amended in the year 1987. As amended, section 195(1) reads as under : "195.(1) Any person responsible for paying to a non-resident, not being a company, or to a foreign company, any interest (not being interest on securities) or any other sum chargeable under the provisions of this Act (not being income chargeable under the head 'Salaries' or dividends shall, at the time of credit of such incom....