2018 (11) TMI 648

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..... I 575 - BOMBAY HIGH COURT] is expressly held to be not laying down the correct law. It stands overruled by a Larger Bench judgment of this Court comprising of three Judges rendered in the case of Commissioner of Income Tax Vs. V.S. Dempo and Co. P. Ltd [2016 (2) TMI 308 - BOMBAY HIGH COURT]. This decision is reported in [(2016) ]. In the light of the Larger Bench judgment of this Court, both sides .....

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..... The assessee has instructed the counsel Mr. Naniwadekar not to press this Appeal on questions II and III. 2. The Appeal is admitted on question No. I. That question reads as under : Whether on the facts and in circumstances of the case, and in law, the ITAT was justified in holding that freight of paid to nonresident shipping companies or their agents was liable for deduction of tax at .....

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..... the view taken by the Division Bench of this Court in the case of CIT Vs. Orient (Goa) Private Ltd. reported in [(2010) 325 ITR 554 (Bom)] is expressly held to be not laying down the correct law. It stands overruled by a Larger Bench judgment of this Court comprising of three Judges rendered in the case of Commissioner of Income Tax Vs. V.S. Dempo and Co. P. Ltd. This decision is reported in .....

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