No taxable income, no withholding tax on remittances

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In GE India Technology Centre Private Ltd v CIT the Supreme Court held that remittances made by a resident to a non-resident are subject to withholding tax only if the payments are chargeable to tax under the Income Tax Act, 1961 (ITA). As a result, GE India Technology Centre was not liable to withholding tax at source for payments it made for software purchases from overseas suppliers.

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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.

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