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2020 (7) TMI 721 - HC - Income TaxTDS u/s 195 - liability for deduction of tax - whether payments made by the assessee cannot be treated as royalty ? - HELD THAT:- Substantial question of law framed by this Court is answered in favour of the revenue and against the assessee in 2015 (6) TMI 1205 - KARNATAKA HIGH COURT] 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 Section 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. Though the said question is not raised by the assessee before the authorities, the same being purely a question of law and the said DTAA being a beneficial piece of delegated legislation, if the assessee is entitled to the benefit of the same, that cannot be denied to it.
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