TMI Blog2020 (7) TMI 721X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned counsel for respondent. This appeal has been filed by the revenue which was admitted by a Bench of this Court vide order dated 29.05.2012 on the following substantial question of law: Whether on the facts and in the circumstances of the case, the tribunal is justified in holding that the payments made by the assessee cannot be treated as royalty and hence, there is no liability fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity 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 asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
