2009 (9) TMI 22

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....appellants. Sri Chetan Joshi, learned counsel for the respondent. JUDGMENT This appeal, preferred under Section 260-A of the Income Tax Act, 1961 (for short the Act) is directed against the order dated 26-4-2007 passed by the Income Tax Appellate Tribunal (Delhi Bench 'C') (for short ITAT), in Income Tax Appeal No. 3056/Del/2006 for A.Y. 2003-2004. ITA Nos. 3039 to 3073/Del/2006 were deci....

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....eal are that the assesses are the employees of Western Geco International Ltd., who filed a return of income tax on behalf of the employees for the assessment year 2003-04. In the return, exemption under Section 10(10CC) of the Act was claimed. The Assessing Officer (for short A.O.) noticed that no exemption under the said provision of the Act was available to the assessee and a notice under Secti....

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....Act. Accordingly the AO was directed to delete the interest charged. Aggrieved, the Revenue preferred the appeals before the ITAT. The ITAT also did not find favour with the Revenue and dismissed all the appeals including the ITA No. 3056/Del/2006 by the order dated 26-4-2007, which is impugned in the present appeal. 5. In the course of arguments, Mr. Chetan Joshi, learned counsel appearing for....

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....the non resident foreign company, who engaged the individual assessee, who is non resident foreign company, to deduct the tax at source, the individual assessee cannot be made liable to pay the interest under Section 234B for default on the part of the company, who engaged or employed such individual." 6. Learned counsel for the appellants-revenue Sri Arvind Vashist has fairly conceded to the a....