2026 (3) TMI 183

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ugh: Dr. Shashwat Bajpai and Mr. Mayank Chaturvedi, Advs. For the Respondent Through: Mr. Indruj Singh Rai, SSC and Mr. Sanjeev Menon, Adv. ORDER 1. By way of present writ petition, the petitioner has challenged the order dated 17.11.2025 (mentioned as 05.09.2025), passed by the Office of Circle Int Tax 1(2)(1) (hereinafter referred to as the 'Competent Authority') so also the certificate....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....earned counsel for the petitioner submitted that in spite of the fact that the nature of transactions carried out by the petitioner with its Indian counterpart is clear and though there is neither any involvement of royalty or copyright nor any reason to apprehend Fees for Included Services as per the India-USA Double Taxation Avoidance Agreement (hereinafter referred to as 'India-USA Treaty'), ye....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e of transaction during assessment proceedings, hence the certificate issued at the rate of 15% is not justified. 6. Mr. Indruj Singh Rai, learned Senior Standing Counsel for the respondent-Department on the other hand argued that none of the authorities has so far examined the nature of transactions carried out by the petitioner and unless the transactions carried out by the petitioner are exa....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... issued at the rate of 15% is unsustainable in law. 10. Since almost 85% of the period is already over and the payments made to the petitioner have been subjected to 15% tax, though the transactions prima-facie look to be not exigible to tax, we are of the view that it would be just and proper if a certificate of deduction at 2% is issued to the petitioner so that the concern of the Revenue tha....