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October 2024

Refund — Interest on refund — Refund of TDS — Scope of Article 265 — Tax deducted at source and deposited by assessee in anticipation of contract with non-resident — Cancellation of contract — No authority of law in department to retain remittance to non-resident — Assessee entitled to refund with interest.

By Keshav Bhujle | Ritu Punjabi, Advocates
Reading Time 4 mins

50 Tupperware India Pvt. Ltd. vs. CIT(IT)

[2024] 465 ITR 777(Del.)

A. Y. 2012-13

Date of order: 1st February, 2024

Ss. 195 and 237of the ITA 1961; Articles 226, 227 and 265 of the Constitution of India

Refund — Interest on refund — Refund of TDS — Scope of Article 265 — Tax deducted at source and deposited by assessee in anticipation of contract with non-resident — Cancellation of contract — No authority of law in department to retain remittance to non-resident — Assessee entitled to refund with interest.

The assesse company imported molds during the assessment year under consideration from a company in USA and the payment was made according to the rental agreement between the assessee and the USA Company. As per the agreement, the Assessee had to pay lease rent for mold on the basis of actual production days.

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