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TMI Blog2023 (5) TMI 586X X X X Extracts X X X X X X X X Extracts X X X X ..... at the assessee in the present case (company in India) is held to be not liable to deduct the tax at source, no interference of this Court is called for against the impugned judgment and order passed by the High Court. However, the question of law, if any, on interpretation of Section 195 is kept open. High Court has observed that as the assessment proceedings in the case of foreign company ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt proceedings in VOAMC which are reopened are held to be against the VOAMC and VOAMC is liable to be taxed in India, the assessees herein would also be treated as assessees in default, the same is hereby quashed and set aside with the above observations. The present appeals preferred by the assessees are hereby allowed to the aforesaid extent. TDS u/s 195 - Deduction of tax at source - HC [ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Vohra, Sr. Adv., Ms. Kavita Jha, AOR, Mr. Vaibhav Kulkarni, Adv. And Mr. Udit Naresh, Adv. For the Respondent(s) : Ms. Kavita Jha, AOR ORDER Feeling aggrieved and dissatisfied with the impugned judgment and order dated 15.03.2010 passed by the High Court of Delhi at New Delhi passed in ITA No.439 of 2008, both, the Revenue as well as the assessees have preferred the present appeals. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court has observed that as the assessment proceedings in the case of foreign company-Van Oard ACZ Marine Contractors BV (VOAMC) are reopened and therefore if the final view taken is that the VOAMC is assessable to tax, the assessees herein would also be treated as assessee in default, which would attract the consequences provided under Section 40(a)(i) of the Income Tax Act is concerned, onc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e above observations. The present appeals preferred by the assessees are hereby allowed to the aforesaid extent. There shall be no order as to costs. SLP(C) No.10479/2012 [ 2010 (8) TMI 1172 - DELHI HIGH COURT ] In view of the disposal of CA No.5089 of 2011, the present SLP(C) No.10479/2012 stand disposed of. Pending application(s), if any, stand disposed of. - - TaxTMI - TMITax - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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