2026 (2) TMI 1094

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....AR For the Petitioner Through: Mr. Kamal Sawhney, Mr. Arun Bhadauria, Mr. Nishank Vashistha, Advs. For the Respondent Through: Mr. Indruj Rai, SSC, Mr. Sanjeev Menon, Mr. Rahul Singh, JSCs. JUDGMENT DINESH MEHTA, J. (ORAL) 1. By way of present writ petition preferred under Article 226 of the Constitution of India, the petitioner has challenged the order dated 16.01.2026 so also the ....

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....argued that without pointing out any new fact, the Competent Authority has given a go-by to the finding which this Court has recorded and proceeded to issue a certificate at 5.25% rate which is not only arbitrary but also a contempt to say the least. 3. Mr. Indruj Rai, learned senior standing counsel for the respondent, on the other hand, submitted that the action of the competent authority may....

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.... Rai that Competent Authority might have issued the certificate of 5.25% tax bona fidely, we do not propose to come heavily against the respondent, however, we warn him to be careful in future. Instead of setting-aside and remanding the matter to the competent authority to issue a certificate at 'Nil' rate, we hereby order that the certificate dated 28.01.2026 which the respondent has issued to th....

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....on is filed. The certificate(s) shall be issued within 30 days of the day when application is filed. (ii) The competent authority dealing with petitioner's subsequent application(s) under Section 195 of the Act of 1961 shall not be bound by direction given in clause(i) above, if he comes to a conclusion and records a finding that the petitioner is having a PE in India and the transactions....