9911796707
TMI Blog2007 (10) TMI 283X X X X Extracts X X X X X X X X Extracts X X X X ..... EEP NANDRAJOG J.- The petitioners have been impleaded as accused in a complaint filed by Shri A. K. Fotedar, Inspecting Assistant Commissioner, Income-tax Department, the Government of India, under section 276B of the Income-tax Act. 2. The petitioner of Crl. M. C. No. 3248 of 2002 is accused No. 1. The petitioners of Crl. M. C. No. 307 of 2003 are the directors of the first accused, i.e., the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 6,42,376.40 per cent. of the royalty had to be deducted at source, i.e., Rs. 2,25,690 had to be deducted. That the RBI did not give permission to remit the money to the foreign company and hence notwithstanding the company having credited Rs. 6,42,376 payable towards royalty since none was actually paid, nothing had to be paid to the Government treasury. The petitioners explain having deposite ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) reads as under : "195.(1) Any person responsible for paying to a non-resident, not being a company, or to a foreign company, any interest (not being interest on securities) or any other sum chargeable under the provisions of this Act (not being income chargeable under the head 'Salaries' or dividends shall, at the time of credit of such income to the account of the payee or at the time of payme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he said American company. 9. In that view of the matter, in view of the legislative provision in force as of the assessment year 1983-84 ; ex facie, no offence has been disclosed as having been committed by the petitioners. 10. I thus dispose of the petitions quashing the order dated February 19, 2001, passed by the learned Metropolitan Magistrate summoning petitioners to face trial. I also quas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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