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2015 (6) TMI 1205 - HC - Income TaxTDS u/s 195 - remittances towards the cost of the software products imported from foreign suppliers - addition u/s 40(a)(ia) - Whether it is not royalty? - HELD THAT:- In view of the judgment of this Court in Samsung Electronics Pvt Ltd [2011 (10) TMI 195 - KARNATAKA HIGH COURT]as already the earlier order of the Tribunal is set aside by this Court, the impugned order passed, which is running counter to the said judgment, requires to be set aside and therefore, the appeal is allowed and the substantial question of law is answered in favour of the Revenue and against the assessee. However, in the event the assessee succeeds before the Apex Court, it is clear that this order also cannot come into effect. The assessing authority shall therefore, pass an order under S.260(1A) of the Act, based on the outcome of the assessee’s appeal before the Apex Court. If the assessee loses his battle before the Apex Court, then before giving effect to this order, the assessing authority shall consider the application of Art.24(4) of the DTAA between India and the Netherlands.
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