Despite Retrospective amednment Royalty Not Taxable as DTAA prevails

In this case Assessing officer has made disallowance u/s. 40(a)(i) on payment for hiring charges for transponder, paid to PanAmSat Limited on the ground that no tax has been deducted at source by the assessee, u/s. 195 of the Act. Argument of learned Departmental Representative that the amendment to the Finance Act, 2012 changes the position, we find that there is no change in the DTAA between India and USA. Thus, the amendments have no affect on our decision. Even otherwise as the payment is made from one non-resident to another non-resident outside India on the basis of contract executed ou...