Supreme Court · 2009 INSC 408 · Decided 25 March 2009

Commissioner of Income-Tax, New Delhi v. M/S Eli Lilly & Company (India) PVT. LTD.

Court
Supreme Court of India
Citation
2009 INSC 408 · [2009] 5 S.C.R. 20
Case number
CIVIL APPEAL No. 5114/2007
Decided
25 March 2009
Bench
S.H. KAPADIA, AFTAB ALAM (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
Constitution Article 245; Income Tax Act

Headnote

Income Tax Act, 1961: c Chapter XV/1-B - Ss.192(1), 9(1)(ii) - TDS provisions relating to payment of income chargeable under the head 'Salaries' - In the nature of machinery provisions to enable collection and recove1y of tax - Held: Forms an integrated code with the charging which D detem1ines the assessabilityltaxability of 'Salaries' in the ~ hands '>f the employoe-assessee. S1".~tions 201(1) and 201 (1A)- Levy of interest- Scope of - Uiscussed - Directions issued to the AO and E Adjudicating Authority. Sections 271C rlw s.2738 - Liability to levy

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