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july 2010

Supreme Court of India · 2010-07-07

M/S.Kanchanganga Sea Foods Ltd vs Commnr. Of Income Tax

Court
Supreme Court of India
Petitioner
M/S.Kanchanganga Sea Foods Ltd
Respondent
Commnr. Of Income Tax
Author
C.K. Prasad
Bench
C.K. Prasad, D.K. Jain

Judgment text excerpt

The Supreme Court addressed the legality of tax deductions on charter hire charges under the Income Tax Act, specifically Section 195, which mandates withholding tax on payments to non-residents. The Court held that the assessee was required to deduct tax at source while remitting charter hire charges to the non-resident company, and failure to do so would result in liability for the tax. The judgment emphasized the necessity of compliance with tax regulations when making payments to foreign entities, thereby reinforcing the obligation of Indian companies to adhere to domestic tax laws in international transactions.

M/S.Kanchanganga Sea Foods Ltd vs Commnr. Of Income Tax · Niyam