Dismissing the appeal of the revenue the Court held that in case of assessee, a non-resident company, which executed projects in India, it was obligation of payer to deduct entire tax at source and assessee was not liable to pay any advance tax and, accordingly, interest under S. 234B could not be charged from it.
CIT(IT) v. Andritz AG. (2020)113 taxmann.com 407 / 269 Taxman 206 (Delhi)(HC) Editorial : SLP is granted to the revenue; CIT (IT) v. Andritz AG. (2020) 269 taxman 205 (SC)
S. 234B : Interest-Advance tax-Non-resident-Deduction of tax at source-It was obligation of payer to deduct entire tax at source and, assessee was not liable to pay any advance tax-Interest cannot be charged.