Court overturns 9.99% tax rate, orders re-examination within 10 days. Petitioner granted "NIL" rate.

The court set aside the withholding tax certificate issued at a 9.99% rate for FY 2022-23 under Section 197 of the Income Tax Act, directing a re-examination within ten days based on previous directions from a similar case for FY 2021-22. The petitioner's application for a lower withholding tax certificate at a "NIL" rate was upheld, instructing parties to act upon the court's order.

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Issues involved: Application under Section 197 of the Income Tax Act for a lower withholding tax certificate for FY 2022-23.

Summary:
The petitioner filed an application under Section 197 of the Income Tax Act seeking a lower withholding tax certificate at a "NIL" rate for FY 2022-23. However, the concerned officer issued a certificate dated 31.08.2022, setting the withholding tax rate at 9.99%. The petitioner raised the same issue in another writ petition for FY 2021-22, which was allowed by the court, remitting the matter for a fresh decision. In the present case, the court set aside the impugned certificate and directed the concerned officer to re-examine the application within ten days from the date of the judgment, considering the directions given in the previous writ petition. The writ petition was disposed of accordingly, with parties instructed to act based on the digitally signed copy of the order.

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