Academy of Medical Sciences v. CIT (2024)460 ITR 592/ 297 Taxman 2 (SC) Editorial :Refer Academy of Medical Sciences v. CIT (2018) 403 ITR 74 (Ker)(HC)

S. 40(a)(ia): Amounts not deductible-Deduction at source-Recipient filing belated loss return and not paying taxes on income declared-Liable to pay tax deducted at source with interest.[S.201(1)]

High Court dismissed the appeal holding, that when the recipient to whom the assessee had paid or credited the lease rent had filed a return belatedly and had not paid any tax due on the income declared, the assessee would be treated as an assessee-in-default for the purposes of sections 40(a)(ia) and 201(1) of the Income-tax Act, 1961 and would be liable to pay the amount of tax deducted at source with interest as also subject to the expenses being disallowed, (AY.2007-08, 2008-093, 2009-10)