2018 (8) TMI 2156

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....s an appeal by the department against the order dated 14.9.2015 of ld. CIT(A)-42, New Delhi. The only effective ground reads as under: "That the ld. CIT (A) has erred in law and on the facts of the case in holding that the interest u/s 234B of the IT Act, 1961 is not leviable in the assessee's case because payments made to it are subject to tax deduction u/s 195 of the Act." 2. During the cou....

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....idered the rival submissions and have gone through the entire material available on record and the case laws relied by the learned CIT(A). We find that the conclusion reached by the ld. CIT (A) is based on the decision rendered by Hon'ble jurisdictional High court on the issue of interest - whether leviable on the non-resident assessee or not, as per provisions of Section 234B of the Act, as the a....