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Payment Not Subject to TDS u/s 195; Not Considered Royalty Until Production and Sales Start.

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....TDS u/s 195 - the payment was for the supply of material and their use or Royalty - by entering into the agreement and by supplying the material PUCH authorized its use but its actual use would start only when production and sale commenced and that would be the stage at which royalty would be payable - not royalty at this stage - no TDS....