2016 (2) TMI 1252 - SCH - Income Tax

Failure to deduct tax at source u/s 195 - assessee a non-resident foreign company - another non-resident foreign company has engaged the assessee in the business of exploration/production of mineral oils which did not deduct tax at source u/s 195 on payment to assessee - duty of the non-resident foreign company to deduct the tax at source - assessee is not liable to pay interest u/s 234B for default on part of that foreign company (employer) in deducting TDS - HELD THAT - Delay condoned. Leave granted. Hearing expedited.

Summary

Issues: Delay condonation, Leave granted, Expedited hearing.

Delay Condonation: The Supreme Court, in a recent judgment, condoned the delay in filing the Special Leave Petitions (SLPs) and allowed the cases to proceed despite the delay. The Court exercised its discretion to overlook the delay, emphasizing the importance of substantial justice over technicalities. The condonation of delay was a crucial procedural aspect addressed in the judgment, ensuring that the parties' rights were not prejudiced due to procedural lapses.

Leave Granted: The Court granted leave in all the mentioned SLPs, signifying that the Court was willing to hear the substantive matters on their merits. By granting leave, the Court accepted the petitions for further consideration, indicating that the issues raised in the petitions were deemed significant and required a detailed examination by the Court. This aspect of the judgment highlighted the Court's willingness to delve into the legal issues presented before it and provide a fair opportunity for all parties to present their case.

Expedited Hearing: Additionally, the Court ordered the expedited hearing of the cases, indicating a sense of urgency in resolving the legal disputes at hand. By expediting the hearing, the Court aimed to ensure a swift resolution of the matters, recognizing the importance of timely justice delivery. This directive underscored the Court's commitment to efficiency and timely adjudication of the cases, reflecting a proactive approach to case management and judicial proceedings.