2021 (12) TMI 995

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.... Through: Mr. Ruchir Bhatia, Advocate. JUDGMENT MANMOHAN, J (Oral) 1. Present writ petition has been filed challenging the certificate dated 2nd November, 2021 and communication dated 26th 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 Act, 1961 (hereinafter referred to as 'the Act'....

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....s 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 apply to India-Switzerland DTAA. He states that thou....

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....e 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, decided on 25th October, 2021, similar arguments adv....

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....eard 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 no separate notification is required insofar as the applic....