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Income Tax - Highlights / Catch Notes

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TDS u/s 195 - Disallowance u/s.40(a)(i) - As the case is ...

Case Laws     Income Tax

February 14, 2022

TDS u/s 195 - Disallowance u/s.40(a)(i) - As the case is admittedly covered u/s.9(1)(vi) of the Act and also found to be covered by Article 12 of the amended DTAA, we hold that the amount paid by the assessee is chargeable to tax in the hands of the Netherlands entity. Failure of the assessee to deduct tax at source from payment made to the Netherlands entity clearly magnetizes section 40(a)(i) of the Act. - AT

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