TMI Blog2024 (3) TMI 712X X X X Extracts X X X X X X X X Extracts X X X X ..... nts of such certificate are accepted, then the action on the part of the Revenue in carrying out a deduction at source on the remittances made to M/s. IGTL Solutions (USA) would be bad. Hence, while respectfully following the order of the Hon ble High Court [ 2023 (9) TMI 1445 - TELANGANA HIGH COURT] direct the learned Assessing Officer to cause verification of the certificate dated 10/02/2003, issued under section 195(3) of the Act and if it is found to be genuine, the consequence shall be that the entire remittances that were made to M/s. IGTL Solutions (USA) would be non-taxable so far as TDS is concerned, and the impugned order under section 201(1A) of the Act will have no legs to stand. Grounds are answered accordingly. - Shri Rama K ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... During the survey conducted on 11/12/2002 under section 133A of the Act, it was found that the assessee made payments to IGTL Solutions (USA) and True Dial Technologies INC, without deducting the tax at source under section 195 read with section 9(1)(vi) and (vii) of the Act. According to the learned Assessing Officer the assessee having not made any deduction of tax at source without making any application under section 192(2) of the Act before the learned Assessing Officer (TDS) and without ensuring that an application under section 195(3) of the Act was filed by the recipient to obtain necessary exemption, was liable to be treated as an assessee in default, in terms of the provisions of section 201(1) of the Act. Learned Assessing Offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e sake of completeness, we deem it just and necessary to refer to the relevant observations of the Hon ble jurisdictional High Court hereunder,- 7. 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 under section 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 f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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