Click Here For Best Books On Taxation & Law. Upto 60% Off On Select Titles. Free Shipping & Pay On Delivery!
 

Click Here To Subscribe To Our Free Newsletter

Home › All Judgements › DIT vs. NGC Network Asia LLC (Bombay High Court)

DIT vs. NGC Network Asia LLC (Bombay High Court)

Posted on by editor
COURT:
CORAM:
SECTION(S):
GENRE:
CATCH WORDS:
COUNSEL:
DATE: (Date of pronouncement)
DATE: January 28, 2009 (Date of publication)
AY:
FILE:
CITATION:


Non-residents are not liable to pay interest u/s 234B and 234C for shortfall/deferment in advance-tax

A non-resident whose income is liable to deduction of tax at source under s. 195 is not liable to pay advance tax u/s 209 (1)(d). Consequently, there can be no liability on such assessee u/s 234B for shortfall in advance tax.

See Also: CIT vs. Revathy Equipment (Madras High Court)

Related Posts:

  • DIT vs. Autodesk Asia Pvt Ltd (Karnataka High Court) Before proceeding further, we may advert to well settled rules of Interpretation with regard to taxing statutes. The substitution of a provision results in repeal of earlier provision and its replacement by new provision. [See: U.P.SUGAR MILLS ASSN. VS. STATE OF U.P.’, (2002) 2 SCC 645]. The aforesaid principle of…
  • DIT (IT) vs. Schlumberger Asia Services Ltd (Uttarakhand High Court) (Full Bench) Except to state that the said judgment needs re-consideration, no justifiable cause has been shown as to why this Court should take a view different from that of the Delhi High Court, in Mitchell Drilling International Pvt. Ltd.48, more so when the Division Bench of the Delhi High Court has…
  • PCIT vs. S. G. Asia Holding (I) Pvt. Ltd (Supreme Court) In view of the guidelines issued by the CBDT in Instruction No.3/2003 the Tribunal was right in observing that by not making reference to the TPO, the Assessing Officer had breached the mandatory instructions issued by the CBDT
  • South East Asia Marine Engineering And Constructions Ltd (Seamec Ltd) vs. Oil India Ltd… From the aforesaid discussion, it can be said that the contract was based on a fixed rate. The party, before entering the tender process, entered the contract after mitigating the risk of such an increase. If the purpose of the tender was to limit the risks of price variations, then…
  • S. Rajalakshmi vs. ITO (Bombay High Court) The reopening of assessment u/s 147 on the basis of information in the form of observations of ITAT is on sound footing and which constitutes a tangible material for the purpose of reopening as the assessee did not file her return of income as required u/s 139(1) of the Act…
  • CIT vs. Viksit Engineering Ltd (Bombay High Court) Thus two port-folios one for "Investment" and other for "Trading". Besides for the earlier years the Revenue accepted the claim of short term capital gain. Thus the income has to be taxed as short term capital gain. We are of the view that respondent holding the shares for a short…

Related Judgements

  1. CIT vs. Saumya Leasing (Bombay High Court) 

    Deduction under section 80M can be claimed even in respect of the interim dividend declared for the succeeding financial year before the due date.
  2. Comed Laboratories vs. UOI (Gujarat High Court) 

    Writ petitions were filed challenging the constitutional validity of the provisions of Section 245HA of the Income Tax Act, 1961 under which the petitioners’ applications before the Settlement Commission are to be treated as having abated on account of failure of the Settlement Commission to pass orders under Section…
  3. Dabur India Ltd vs. CIT (Delhi High Court) 

    While computing normal profits which do not involve Ch VI-A relief, an assessee is entitled not to claim depreciation. However, where deduction under Ch VI-A is claimed depreciation is mandatory. Read more ›
  4. CIT vs. Rampur Engineering (Delhi High Court – Full Bench) 

    The judgement of the Division Bench in CIT v. Ram Commercial Enterprises Ltd. (2000) 246 ITR 568 (Delhi) holding that penalty under Section 271(1)(c) of the Act cannot be levied where the authority initiating the penalty proceedings had not recorded its satisfaction regarding concealment of…
  5. CIT vs. Harkaran Das (Delhi High Court) 

    The general proposition laid down in Sir Shadilal Sugar and General Mills Ltd 168 ITR 705 (SC) that the surrender of undisclosed income made by an assessee to buy peace did not necessarily lead to the conclusion that the amount surrendered was indeed concealed income, cannot be said to…