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The HC set aside the impugned order denying the petitioner a nil rate TDS certificate under section 197 for receipts classified as royalty. The court held that the AO erred in relying on a decision overruled by the SC and in disregarding the binding SC precedent under Article 141 of the Constitution due to a pending review petition. The HC ruled that the pendency of the review petition does not justify non-compliance with the SC judgment. The matter was remanded to the AO for fresh consideration of the petitioner's application in accordance with the binding SC decision, directing disposal within six weeks.
The HC set aside the impugned order denying the petitioner a nil rate TDS certificate under section 197 for receipts classified as royalty. The court held that the AO erred in relying on a decision overruled by the SC and in disregarding the binding SC precedent under Article 141 of the Constitution due to a pending review petition. The HC ruled that the pendency of the review petition does not justify non-compliance with the SC judgment. The matter was remanded to the AO for fresh consideration of the petitioner's application in accordance with the binding SC decision, directing disposal within six weeks.
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