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| The Tax Publishers2021 TaxPub(DT) 5262 (Mad-HC) INCOME TAX ACT, 1961
Section 195 Section 9(1)(vi)
Supreme Court in the case of Engineering Analysis Centre of Excellence Private Limited v. CIT & Anr. (2021) SCC Online SC 159 : 2021 TaxPub(DT) 1208 (SC), had held the amendment to section 9(1)(vi) introduced by the Finance Act,2012 with retrospective effect from 1-6-1976 is not applicable to persons referred to in section 195 and accordingly, no tax was liable to be deducted under section 195.
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Tax deduction at source - Under section 195 - Payments made to non-resdient companies - For sale of software
Issue arose for consideration as to whether Tribunal was right in deleting the disallowance made by AO holding that the amendment to section 9(1)(vi) introduced by Finance Act, 2012 with retrospective effect from 1-6-1976 is not applicable and therefore, no TDS needs to be deducted.Held: Supreme Court in the case of Engineering Analysis Centre of Excellence Private Limited v. CIT & Anr. (2021) SCC Online SC 159 : 2021 TaxPub(DT) 1208 (SC), had held the issue in favour of assessee and accordingly, no TDS was liable to be deducted under section 195.
Followed:Engineering Analysis Centre of Excellence Private Limited v. CIT & Anr. (2021) SCC Online SC 159 : 2021 TaxPub(DT) 1208 (SC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2008-09
INCOME TAX ACT, 1961
Section 10A
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