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TMI Blog2007 (10) TMI 283X X X X Extracts X X X X X X X X Extracts X X X X ..... be deducted at source at the time of making payment to the payee - In the complaint filed by the revenue there is no averment that the accused persons made any payment to the foreign company to whom royalty was payable – royalty not actually paid to non-resident in financial year relevant to AY 1983-84 - no offence committed by the petitioners – prosecution not valid - 3248 of 2002 and 307 of 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 2,25,690 which had to be deducted as tax at source under section 195(1) of the Income-tax Act was not fully deposited in the treasury and only Rs. 86,340 was deposited with the treasury. 4. According to the petitioners, the tax at source had to be deducted and deposited only at the time of making payment and not when money was credited to the account of the person to whom it was to be paid a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dent, not being a company, or to a company which is neither an Indian company nor a company which has made the prescribed arrangements for the declaration and payment of dividends within India, any interest, not being ' interest on securities', or any other sum, not being dividends, chargeable under the provisions of this Act, shall, at the time of payment, unless he is himself liable to pay any i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessment year 1983-84 reveals that tax had to be deducted at source at the time of making payment to the payee. In 1987, the provision was amended making it mandatory to deposit with the income-tax authorities the tax at source at the time the amount was credited to the account of the payee. 8. In the complaint filed by the income-tax authorities there is no averment that the accused persons m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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