https://www.taxtmi.com/caselaws?id=435438 A lower withholding tax certificate under section 197 must be assessed on the actual distributor arrangement, the material on record, and the parameters in Rule 28AA, not on assumptions about royalty, fees for technical services, or a dependent agent permanent establishment. The High Court noted that the authority failed to analyse the contract or meaningfully consider the Supreme Court ruling on software payments, and could not disregard that binding precedent merely because a review petition was pending. The impugned withholding determination was quashed and the matter was directed to be reconsidered afresh on merits. en-us Tue, 14 Mar 2023 00:00:00 +0530 Fri, 12 May 2023 16:48:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=435438 A lower withholding tax certificate under section 197 must be assessed on the actual distributor arrangement, the material on record, and the parameters in Rule 28AA, not on assumptions about royalty, fees for technical services, or a dependent agent permanent establishment. The High Court noted that the authority failed to analyse the contract or meaningfully consider the Supreme Court ruling on software payments, and could not disregard that binding precedent merely because a review petition was pending. The impugned withholding determination was quashed and the matter was directed to be reconsidered afresh on merits. Case-Laws Income Tax Tue, 14 Mar 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=435438