TaxTMI 
TaxTMI 
2021 (10) TMI 623
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....J. (Oral) 1. The petition has been heard by way of video conferencing. 2. Present writ petition has been filed seeking directions to the Respondent to dispose of the application dated 18th August, 2021 filed by the Petitioner under Section 264 of the Income Tax Act, 1961 ("the Act") in a time bound manner and in accordance with law. 3. Learned counsel for the petitioner states that the petition....
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....hat the Petitioner filed an application dated 12th June, 2021 under Section 197 of the Act before the Assessing Officer (AO) requesting him to issue a certificate authorizing the Petitioner to receive dividend income from Perfetti India subject to lower withholding tax rate of 5% as applicable under the Double Taxation Avoidance Agreement ("DTAA") between India and Netherlands read with the Protoc....
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.... MFN clause, the lower withholding rate shall also be applicable to any dividend income covered under the India Netherlands DTAA. He further states that the Petitioner filed a detailed reply to all the queries raised by the AO however, the Petitioner's application to withhold tax at a lower rate was rejected vide order dated 27th July, 2021 and a certificate under Section 197 of the Act at the rat....
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....ecided in the Petitioner's favour by this court in Concentrix Services Netherlands B.V. v. ITO (TDS), W.P.(C) 9051/2020 [2021] 127 taxmann.com 43 (Delhi) and Nestle SA v. Assessing Officer, Circle (International Taxation), W.P.(C) 3243-2021. 6. Issue notice. Mr.Kunal Sharma, Advocate accepts notice on behalf of the Respondent. He states that he has no objection if the Respondent is directed to di....