Tribunal held that if rate of tax applicable under DTAA is lower than 20 per cent tax rate as prescribed under section 206AA, TDS has to be deducted at such lower rate even if non-resident deductee fails to furnish its PAN. Appeal against order of Tribunal filed after 273 days was dismissed by High Court both on delay and merits. Court held that since there was delay of 255 days in filing SLP against order of High Court and explanation offered for delay was not satisfactory, SLP is dismissed on ground of delay. (AY. 2011-12)
CIT v. Infosys Ltd. (2024) 300 Taxman 113 (SC) Editorial : CIT (IT) v. Infosys Ltd (2024) 164 taxmann.com 280(Karn)(HC)
S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Fees for technical services-High Court held that if rate of tax applicable under DTAA is lower than 20 per cent tax rate as prescribed under section 206AA, TDS has to be deducted at such lower rate even if non-resident deductee fails to furnish its PAN-DTAA-India-China-Delay of 255 days in filing SLP-Delay is not satisfactorily explained-SLP is dismissed. [S. 9(1)(vii), 90, 206AA, Art. 12]