Singapore Airlines Ltd. v. CIT (2022) 449 ITR 203 / 329 CTR 553 / 220 DTR 1/(2023) 290 Taxman 139 (SC) KLM Royal Dutch Airlines v. CIT (2022) 449 ITR 203 / 329 CTR 553 / 220 DTR 1 (SC) British Airways PLC v. CIT(TDS) (2022) 449 ITR 203 / 329 CTR 553 / 220 DTR 1 (SC)

S. 201 : Deduction at source-Failure to deduct or pay-Assessee in default-If recipient includes amount in its income and pays taxes-Assessee cannot be held in default-Interest leviable for period between date of default in deduction and date on which recipient paid tax-Matter remanded for verification. [S. 201(1), 201(IA)]

Held that If recipient includes amount in its income and pays taxes,  the  assessee cannot be held in default. Interest leviable for period between date of  default in deduction and date on which recipient paid tax, however  when the travel agents paid their taxes on the supplementary commission were not furnished, accordingly the matter  remanded to the Assessing Officer to flesh out these points in terms of the interest payments due for the period from the date of default to the date of payment of taxes by the agents. Relied on CIT v. Elly and Co.(India) Ltd (2009) 312 ITR 225 (SC), Hindustan Coca Cola Beverage Pvt Ltd. v. CIT (2007) 293 ITR 226 (SC).   (AY.2001-02)