During a survey, assessee was found to have made payments to IGTL Solutions (USA) without deducting tax at source under section 195. Assessing Officer treated assessee as in default under section 201(1) and charged interest under section 201(1A). Said decision was upheld by lower authorities. However, on further appeal, High Court noted subsequent issuance of a certificate under section 195(3) exempting IGTL Solutions (USA) from TDS and therefore, remanded matter to Tribunal to consider implications of this exemption. Tribunal held that if contents of certificate issued in section 195(3) were verified and found to be correct and genuine, then consequences would be that remittances that have been made to IGTL Solutions (USA) would be non-taxable so far as TDS was concerned. Therefore, Assessing Officer was directed to cause verification of certificate issued under section 195(3) and if it was found to be genuine, entire remittances that were made to IGTL Solutions (USA) would be non-taxable so far as TDS was concerned, order under section 201(1A) would have no legs to stand. Matter remanded. (AY. 2002-03)
FSL Projects Ltd. v. DCIT (2024) 205 ITD 530 (Hyd) (Trib.)
S. 195 :Deduction at source-Non-resident-Certificate-Survey-Subsequent issue of certificate-Entire remittances that were made to said concern would be non-taxable so far as TDS is concerned-Matter is remanded. [S.133A, 195(3), 201(IA)]