2015 (6) TMI 1205

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....E MR JUSTICE ARAVIND KUMAR For the Appellant : Sri K V Aravind, Adv. For the Respondent : Smt H Vani, Adv. JUDGMENT The Revenue has preferred these appeals against the order passed by the Tribunal holding that the remittances towards the cost of the software products imported from foreign suppliers is not royalty and hence there was no liability for deduction of tax under S.195 of the ....

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..... In the event the assessee succeeds before the Apex Court, then S.40(a)(i) of the Act is not attracted and therefore, a consequent order is to be passed. Even if the assessee does not succeed before the Apex Court and S.40(a)(i) of the Act is attracted, still its claim in terms of Art.24 (4) of DTAA between India and the Netherlands that a similar disallowance was not provided under the Act under....

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....fect. The assessing authority shall therefore, pass an order under S.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 no....