Dismissing the appeal of the revenue the Court payer, who was required to make payments to assessee-non-resident, had deducted tax at source, question of payment of advance tax by assessee (payee) would not arise and, therefore, it would not be permissible for revenue to levy interest under section 234B upon assessee. Followed DIT (IT) v. Texas Instruments Incorporated (2020) 275 Taxman 614 (Ker)(HC). (AY. 2011-12)
CIT v. IBM Singapore (P) Ltd. (2021) 131 taxmann.com 189 (Karn.) (HC) Editorial : Notice issued in SLP filed by the revenue against High Court order, CIT v. IBM Singapore (P) Ltd. (2021) 283 Taxman 288 (SC)
S. 234B : Interest-Advance tax-Tax deducted at source-Non-resident-Payer deducted tax at source-Levy of interest is held to be not justified.