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2002 (6) TMI 5 - HC - Income TaxTDS – non deduction - Assessee contended that there was no chargeable income at all which resulted to the non-resident and that there was no payment of any sum by the assessee to the non-resident and as such there was no liability to deduct tax at source u/s 195 - Revenue was of the view that the income from charter hire has accrued, arisen and also been received in India in terms of 85 per cent. of the catch of fish and, therefore, the assessee was obliged to deduct tax at source – Held that Tribunal is correct in law in holding that payment is made to the non-resident by the assessee in India - Tribunal is correct in law in holding that the receipt in the form of 85 per cent. of the catch of fish by the non-resident was in India since all the formalities are completed in India - Tribunal is correct in law in holding that the assessee is liable to deduct tax at source u/s 195 on the alleged payment made to the non-resident towards hire charges even though the alleged payment is not in cash - Tribunal is correct in law in holding that the assessee was in default u/s 201, for the failure to deduct tax u/s 195
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