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TMI Blog2023 (9) TMI 1445X X X X Extracts X X X X X X X X Extracts X X X X ..... als) or by the Tribunal HELD THAT:- Today, when the matter is taken up for hearing, the entire paper-book that was filed before the Tribunal was made available by the learned counsel for appellant and one such document therein is the certificate so issued u/s 195(3) of the Act, granting exemption to M/s. IGTL Solutions (USA) so far as receiving of remittances without deduction of income tax at source. If the contents of the said document is to be accepted and on verification, found to be genuine, the consequences would be that the entire remittances that have been made to M/s. IGTL Solutions (USA) would be non-taxable so far as TDS is concerned. Further, if the contents of the said letter stands accepted, then the action on the part of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rmed. 2. The whole issue raised by the appellant in the present appeal is so far as the denial of exemption under Section 195(3) of the Act, in spite of there being an order passed by the Joint Director in this regard so far as the deduction of TDS in respect of remittances made by the appellant to US based company i.e., M/s. IGTL Solutions (U.S.A.). 3. At the outset, learned counsel for appellant drew the attention of this Court to the documents, which were furnished before the Appellate Tribunal i.e., the order dated 18.02.2003 passed by the Joint Director of Income Tax-IV (International Taxation), Ayakar Bhavan, Mumbai, whereby the Joint Director had permitted the authorities in India to receive sums without deduction of income tax as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble to make deductions for the reasons that they have an exemption already obtained by way of certificate under Section 195(3) of the Act. In spite of the categorical stand being taken, the two appellate forums for the reasons best known have not discussed, deliberated or relied upon the said certificate at all. 7. Today, when the matter is taken up for hearing, the entire paper-book that was filed before the Tribunal was made available by the learned counsel for appellant and one such document therein is the certificate so issued under Section 195(3) of the Act, granting exemption to M/s. IGTL Solutions (USA) so far as receiving of remittances without deduction of income tax at source. If the contents of the said document is to be accepte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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