2021 (12) TMI 995

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Ankul Goyal, Advocate. Respondents Through: Mr. Ruchir Bhatia, Advocate. JUDGMENT MANMOHAN, J (Oral) 1. Present writ petition has been filed challenging the certificate dated 2^nd November, 2021 and communication dated 26^th November, 2021 issued by Respondent No. 1. Petitioner also seeks directions to Respondent No. 1 to issue a fresh certificate under Section 197 of the Income Tax Ac....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....for MFN clause in terms of which when India enters into a DTAA with another member country of the Organisation for Economic Cooperation and Development ("OECD"), wherein India limits its tax deduction at source ("TDS") to a lower rate than the agreed one between India and Switzerland, then from the date such agreement comes into force, the rates or scope contemplated in such other treaty shall app....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....1. He states that the impugned order and certificate have been passed in contravention of the settled position of law. He further states that the Respondent cannot disregard the binding judgments of this Court on the ground that the revenue proposes to file an appeal against such decisions. 5. He also states that in the case of Deccan Holdings B V v. Income Tax Officer & Anr., WP(C) 11921/2021,....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Petitions before the Hon'ble Supreme Court. 7. Having heard learned counsel for the parties, this Court finds that the issues raised in the present writ petition are no longer res integra, as they are fully covered by the judgments of this Court in Concentrix Services Netherlands B.V. (Supra) as well as in Nestle SA (Supra). In Concentrix Services Netherlands B.V. (Supra) it has been held that ....