https://www.taxtmi.com/caselaws?id=758884 A withholding tax certificate issued under section 197 must be consistent with the accepted profit attribution to a permanent establishment. Where the record accepted attribution of 26% to the PE, the resulting withholding rate was stated to be no higher than 1.04%, and a 4% rate was not reconciled with that basis. The analysis confined itself to the legality of the withholding certificate and did not decide the underlying assessment issues for the relevant years. The impugned order was therefore treated as unsustainable on the stated record and was quashed in favour of the assessee. en-us Wed, 03 Apr 2024 00:00:00 +0530 Fri, 20 Sep 2024 08:31:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=758884 A withholding tax certificate issued under section 197 must be consistent with the accepted profit attribution to a permanent establishment. Where the record accepted attribution of 26% to the PE, the resulting withholding rate was stated to be no higher than 1.04%, and a 4% rate was not reconciled with that basis. The analysis confined itself to the legality of the withholding certificate and did not decide the underlying assessment issues for the relevant years. The impugned order was therefore treated as unsustainable on the stated record and was quashed in favour of the assessee. Case-Laws Income Tax Wed, 03 Apr 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=758884