TMI Blog2012 (8) TMI 151X X X X Extracts X X X X X X X X Extracts X X X X ..... treaties - 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. Order of Tribunal set aside and assessment order restored. See CIT, International Taxation v. Samsung Electronics Co. Ltd (2011 (10) TM ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hased only a right to use the copyright i.e. the software and the entire copyright itself the payment cannot be treated as Royalty as per the Double Taxation Avoidance Agreement and Treaties which is beneficial to the assessee and consequently section 9 of the Act should not take into consideration. 3. Whether the Tribunal should have recorded a finding that in accordance with section 19(2) an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... removal of doubts, it is hereby clarified that the expression "through" shall mean and include and shall be deemed to have always meant and included "by means of, "in consequence of" or "by reason of". Explanations 5 :- For the removal of doubts, it is hereby clarified that an asset or a capital asset being any share or interest in a company or entity registered or incorporated outside India s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dependent of this section as amended now, the questions have to be answered in the negative, in view of the legal position prevailing, is only as per the judgment of this court in the case of Samsung Electronics Co. Ltd. ( supra ). 5. We answer the questions in the negative and against the assessee. Accordingly, we allow this appeal, set aside the order of the Tribunal and restore the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X
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