2023 (9) TMI 1445

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....I JUSTICE LAXMI NARAYANA ALISHETTY JUDGMENT (PER HON'BLE SRI JUSTICE P. SAM KOSHY) The present appeal has been filed under Section 260-A of Income Tax Act, 1961 (for short, the "Act") assailing the order passed by Income Tax Appellate Tribunal, Bench-B, Hyderabad (for short "Tribunal") in ITA No. 1081/Hyd/03, dated 03.08.2007 for the Assessment Year 2003-04. Vide impugned order, the order....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....van, Mumbai, whereby the Joint Director had permitted the authorities in India to receive sums without deduction of income tax as is required under Section 195(1) of the Act. 4. Learned counsel for the appellant contended that in spite of specific certificate have not been issued under Section 195(3) of the Act by the Joint Director of the Department, the authorities concerned have made the rem....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....at source was permissible under Section 195 (3) of the Act, which appellant had availed and which was also granted by the respondent, but when it came for deduction, they had made the remittances only after deduction of TDS was made. 6. Perusal of the pleadings would go to show that the appellant had been all along taking this stand both before the Commissioner of Income Tax (Appeals) and befor....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ification, found to be genuine, the consequences would be that the entire remittances that have been made to M/s. IGTL Solutions (USA) would be non-taxable so far as TDS is concerned. Further, if the contents of the said letter stands accepted, then the action on the part of the respondent in carrying out deduction at source on the remittances made to M/s. IGTL Solutions (USA) would be per se bad.....