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2009 (1) TMI 398 - KARNATAKA HIGH COURTWhether the Tribunal was correct in holding that the assessee company was not liable to deduct TDS under section 192 of the Act over the issue of its shares under a stock option plan to its employees at a concessional rate as it cannot be treated as a perquisite (salary) and, therefore, the assessee cannot be treated as a defaulter under section 201(1) of the Act and consequently no interest under section 201(1A) of the Act can be levied? - Whether the Tribunal was correct in holding that section 17(2) (iiia) of the Act was not clarificatory in nature and was not applicable to the current assessment year?” - Said questions of law have now been answered by the Supreme Court in a recent judgment reported in CIT v. Infosys Technologies Ltd. [2008 - TMI - 2973 - SUPREME COURT OF INDIA] in favour of the assessee and against the Revenue. – Hence following the same, appeal by revenue is dismissed
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