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    <title>2009 (11) TMI 1006 - KARNATAKA HIGH COURT</title>
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    <description>Payments for software purchased from non-residents were treated as exigible to tax deduction at source as royalty or income chargeable to tax in India, applying the court&#039;s earlier binding reasoning under section 9 of the Income-tax Act, 1961 and the relevant treaty provisions. On that basis, the assessee could not avoid liability under sections 195 and 201 without obtaining a certificate, and failure to deduct tax attracted the consequences under sections 201(1) and 201(1A). The questions of law were answered in favour of the Revenue, and the Tribunal&#039;s order was set aside.</description>
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    <pubDate>Wed, 18 Nov 2009 00:00:00 +0530</pubDate>
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      <description>Payments for software purchased from non-residents were treated as exigible to tax deduction at source as royalty or income chargeable to tax in India, applying the court&#039;s earlier binding reasoning under section 9 of the Income-tax Act, 1961 and the relevant treaty provisions. On that basis, the assessee could not avoid liability under sections 195 and 201 without obtaining a certificate, and failure to deduct tax attracted the consequences under sections 201(1) and 201(1A). The questions of law were answered in favour of the Revenue, and the Tribunal&#039;s order was set aside.</description>
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