Law:

Section:

Section 192, read with section 9, of the Income-tax Act, 1961 - Deduction of tax at source - Salary - Whether TDS provisions in Chapter XVII-B relating to payment of income chargeable under head 'Salaries', which are in nature of machinery provisions to enable collection and recovery of tax, form an integrated code with charging and computation provisions under Act, which determine assessability/ taxability of 'salaries' in hands of employee-assessee and, consequently, section 192(1) has to be read with section 9(1)(ii), read with Explanation thereto - Held, yes - Whether therefore, if any payment of income chargeable under head 'Salaries' falls within section 9(1)(ii), then TDS provisions would stand attracted - Held, yes - Whether question as to whether home salary payment made to expatriated employees by foreign company in foreign currency abroad can be held to be 'deemed to accrue or arise in India', would depend upon in-depth examination of facts in each case - Held, yes - Whether where home salary/special allowance payment made by foreign company abroad is for rendition of services in India and no work is found to have been performed for foreign company, such payment would certainly come under section 192(1), read with section 9(1)(ii) - Held, yes Section 201 of the Income-tax Act, 1961 - Deduction of tax at source - Consequences of failure to deduct or pay - Whether for computation of interest under section 201(1A), period of default starts from date of deductibility of tax till date of its actual payment by concerned employee and, therefore, levy of interest has to be restricted to such period only - Held, yes Section 271C of the Income-tax Act, 1961 - Penalty - For failure to deduct tax at source -Whether only those persons will be liable to penalty who do not have good and sufficient reason for not deducting tax and burden, of course, is on such person to prove such good and sufficient reason - Held, yes - Foreign company seconded some employees to Indian joint venture, i.e., assessee - Assessee had not deducted tax at source on home salary/special allowance(s) (education allowance or retention allowance) payments made outside India in foreign…

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