Held that the payment to non-resident is not liable to tax in India hence not liable to deduct tax at source. The Court also held that, Revenue officers are bound by the decisions of the appellate authorities. Referred, UOI v. Kamlakshi Finance Corporation Ltd. [1992] Supp (1) SCC 443 (AY.2019-20)
Hapag Lloyd India Pvt. Ltd. v. Dy. CIT (IT) (2023)457 ITR 376 /152 taxmann.com 246 (Bom)(HC)
S. 201 : Deduction at source-Failure to deduct or pay-Non-Resident-Non-Resident not liable to tax in India-Tax not deductible at source-Precedent-Revenue Officials are bound by the decisions of appellate authorities.[Art. 226]