2026 (3) TMI 280

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....etitioner Through: Mr. Ajay Vohra, Sr. Adv. with Dr. Shashwat Bajpai & Mr. Mayank Chaturvedi, Advs. For the Respondent Through: Mr. Puneet Rai, SSC with Mr. Rishabh Nangia, JSC & Mr. Ashvini Kr., Adv. JUDGMENT PER DINESH MEHTA, J. (ORAL) 1. By way of present writ petition, the petitioner has challenged the order dated 10.10.2025 (mentioned as 30.10.2025), passed by the Office of Circle....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e with its terms. 3. Mr. Ajay Vohra, learned Senior 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 neither there is any involvement of royalty nor any no reason to apprehend that the same falls within the ambit of 'Fees for Technical Services' (hereinafter referred to as....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...., the petitioner can be subjected to assessment proceedings and it is required to satisfy the Assessing Officer about the nature of transaction during assessment proceedings, hence the certificate issued at 10% rate is not justified. 6. Mr. Puneet Rai, learned Senior Standing Counsel for the respondent-Department, on the other hand argued that none of the Authorities has so far examined the nat....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....lso deal with petitioner's contention and the judgments relied upon. 10. Since almost 85% of the period is already over and the payments made to the petitioner have been subjected to 10% tax, though the transactions prima-facie looks 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 ....