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2012 (11) TMI 1149 - AT - Income TaxAppellant being an AOP/JV liability to deduct tax at source from the payments made to the constituent partners - Held that:- Disallowance u/s 40(a)(i) is only to the extent of the amount outstanding as on the last day of the previous year and amounts which have been paid during the previous year cannot be disallowed for non deduction of TDS. Non- deduction of tax and consequent disallowance for the payments made to M/s. Sino Hydro Corporation, China - Held that:- It has to be verified whether the Chinese concern has offered this income for tax in India. If the Chinese concern has not filed income Tax return and offered this amount as part of their income in computing their taxable income, the same shall be assessed as income of the assessee, as the person responsible for making the payment to the Non Resident. If the Chinese constituent has not offered this amount as part of their taxable income in india, the AO may take suitable action for bringing the amount to tax in accordance with provisions of the Act.
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