M/S. BEKAERT INDUSTRIES PRIVATE LIMITED,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,, PUNE

The appeal of the assessee is allowed

disallowance\nwas warranted under section 40(a)(i) of the Act. The Tribunal\naccepted that there was an error while adjudicating on the\ntaxability of the impugned payments as Royalty under the treaty\nand recalled the order partly to examine the taxability of the said\npayment in light of the correctly applicable treaty on the ground\nthat the same would