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2012 (12) TMI 244 - AT - Income TaxTDS - Applicability of the provisions contained in section 9(1)(vi) of the Income-tax Act - sale of software as royalty - manufacture and sale of Automated Teller Machines (ATMs) - assessee imported software from NCR Global Solutions Ltd., Ireland, however while making outward remittances, the assessee did not deduct tax at source - Held that:- Payment made by the assessee to non-resident companies would amount to royalty within the meaning of Article 12 of the DTAA with the respective countries and there was obligation on the part of the assessee to deduct tax at source u/s. 195 of the I.T. Act – in favor of revenue. Decision in Samsung Electronics Co. Ltd.. v. Dy. CIT (International Taxation) [2012 (8) TMI 112 - ITAT BANGALORE] followed.
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