Special Bench chosen not to follow the Karnataka High Court’s judgement in the case of Samsung Electronics

Special Bench Tribunal Ruling: If the Payer is of the bona fide belief that no part of the payment is chargeable to tax, he need not undergo the procedure of section 195 at all. The Tribunal has chosen not to follow the Karnataka High Court’s judgement in the case of Samsung Electronics. [ITO Vs Prasad Production Ltd. (ITA No. 663/Mds/2003)]. Facts: Prasad Production Ltd. (assessee/ payer), an Indian company, was awarded a contract by the Tourism Department of Government of Andhra Pradesh to establish IMAX Theatre at Hyderabad. The assessee entered into an agreement with IMAX Ltd., Canada (I...