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RAMESH KUMAR VERMA (pursuing company secretary course)     10 September 2010

Samsung electronics reversed by supreme court under section

Samsung electronics reversed by supreme court under section 195

 

 The Supreme Court today (9.9.2010) pronounced judgement in a batch of appeals challenging the judgement of the Karnataka High Court in CIT vs. Samsung Electronics 320 ITR 209 where it was held that u/s 195 the payer was not entitled to consider whether the payment was chargeable to tax in the hands of the non-resident recipient or not.
 
The Supreme Court has reversed the judgement of the Karnataka High Court. The appeals have been remanded to the High Court for a decision on whether or not the payments were taxable in the hands of the non-resident recipient.

 

 

Source: Taxmann



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