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august 2015

Supreme Court of India · 2015-08-04

M/S Japan Airlines Co.Ltd vs Commr.Of Income Tax,New Delhi

Court
Supreme Court of India
Petitioner
M/S Japan Airlines Co.Ltd
Respondent
Commr.Of Income Tax,New Delhi
Author
A.K. Sikri
Bench
Rohinton Fali Nariman, A.K. Sikri

Judgment text excerpt

The Supreme Court addressed the issue of tax deduction at source (TDS) for foreign airlines, specifically whether TDS should be deducted under Section 194-C or Section 194-I of the Income Tax Act, 1961. The Court held that the TDS should be deducted under Section 194-I at the rate of 20%, affirming the Delhi High Court's ruling and resolving the conflict with the Madras High Court's contrary decision. The judgment clarifies the applicability of TDS provisions for landing and parking charges levied by the Airports Authority of India.

M/S Japan Airlines Co.Ltd vs Commr.Of Income Tax,New Delhi · Niyam