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2012 (7) TMI 7 - AT - Income TaxTDS - Levy of interest u/s 234B of the Act – payment to non-resident company – assessee did not deducted TDS – Held that:- If the payer making payments to the non-resident had defaulted in deducting the tax at source from such payments, the non-resident is required to pay taxes. However, in such a case, the non-resident is liable to pay income-tax and not advance tax. It would not be permissible to levy any interest under Section 234B of the Act for failure to pay advance tax. When a duty is cast on the payer to pay the tax at source, on failure, no interest can be imposed on the payee assessee. These assessees are not liable to pay any interest u/s 234B of the Act. In favor of assessee.
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