https://www.taxtmi.com/caselaws?id=783992 The dominant issue was whether the AO could deny a nil withholding certificate under s.197 for receipts from software licensing/services by applying an 8.75% rate premised on the taxpayer having a dependent agent PE in India under the India-USA DTAA. The HC held that taxability must be determined assessment-year-wise and that the ITAT's findings for AYs 2021-22 and 2022-23 that no such PE existed conclusively governed taxability for those years; absent any assessment finding of a PE for later years, the PE premise could not be assumed. Since the challenge for AY 2024-25 was withdrawn, the AO was directed to reconsider the s.197 certificate for AY 2025-26 afresh on that year's facts. en-us Tue, 23 Dec 2025 00:00:00 +0530 Fri, 26 Dec 2025 07:18:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=783992 The dominant issue was whether the AO could deny a nil withholding certificate under s.197 for receipts from software licensing/services by applying an 8.75% rate premised on the taxpayer having a dependent agent PE in India under the India-USA DTAA. The HC held that taxability must be determined assessment-year-wise and that the ITAT's findings for AYs 2021-22 and 2022-23 that no such PE existed conclusively governed taxability for those years; absent any assessment finding of a PE for later years, the PE premise could not be assumed. Since the challenge for AY 2024-25 was withdrawn, the AO was directed to reconsider the s.197 certificate for AY 2025-26 afresh on that year's facts. Case-Laws Income Tax Tue, 23 Dec 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=783992