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2023 (9) TMI 1445 - HC - Income TaxTDS u/s 195 - deduction of TDS in respect of remittances made by the appellant to US based company i.e., M/s. IGTL Solutions (U.S.A.) - appellant strongly contended that once when the certificate was obtained from the Joint Director so far as the waiver of deduction of TDS in respect of remittances is made to M/s. IGTL Solutions (USA) has not been considered, discussed, referred to either by the Commissioner of Income Tax (Appeals) or by the Tribunal HELD THAT:- Today, when the matter is taken up for hearing, the entire paper-book that was filed before the Tribunal was made available by the learned counsel for appellant and one such document therein is the certificate so issued u/s 195(3) of the Act, granting exemption to M/s. IGTL Solutions (USA) so far as receiving of remittances without deduction of income tax at source. If the contents of the said document is to be accepted and on verification, found to be genuine, the consequences would be that the entire remittances that have been made to M/s. IGTL Solutions (USA) would be non-taxable so far as TDS is concerned. Further, if the contents of the said letter stands accepted, then the action on the part of the respondent in carrying out deduction at source on the remittances made to M/s. IGTL Solutions (USA) would be per se bad. Thus taking note of the fact that there is a non-reference or non-deliberation of the exemption so obtained under Section 195(3) of the Act by the two forums below, we are of the considered opinion that it is a fit case where matter can be remitted back to the Tax Tribunal for considering the contentions raised by the appellant so far as exemption that they have got under Section 195(3) of the Act insofar as the remittances that have been made to M/s. IGTL Solutions (USA) is concerned. Considering the fact that the order of the Tribunal is one, which was passed as early as on 03.08.2007, it is expected that the Tribunal shall reconsider this matter, particularly, taking into consideration the exemption so granted to the appellant on 10.02.2003.
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