S. 195 Samsung Electronics Judgement Reversed By Supreme Court

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.

See Also Vodafone International Holdings B.V. vs. UOI (Bom), Van Oord 36 DTR 425 (Del) & Prasad Productions 3 ITR (Trib) 58 Che (SB) where it was held that s. 195 does not apply if the payment is not chargeable to tax in the hands of the non-resident recipient

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