Concentrix Services Netherlands B. V. vs Income Tax Officer (Tds)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 158

RAJIV SHAKDHER, TALWANT SINGH
Concentrix Services Netherlands B. V. – Appellant
Versus
Income Tax Officer (Tds) – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Deepak Chopra & Mr. Ankul Goyal, Advs.
For the Respondent: Mr. Puneet Rai, Senior Standing Counsel for Income Tax.

JUDGMENT :

RAJIV SHAKDHER, J.

TABLE OF CONTENTS
Preface	2
Background facts	3
Submissions made on behalf of the petitioners	5
Submissions advanced on behalf of the revenue	7
Analysis and Reasons	10
Conclusion	20

Preface: -

1. The moot issue, which arises for consideration, in the captioned writ petitions is: as to what should be the withholding rate of tax in respect of dividend?

2. The petitioners, in both cases, before us, are the deductees, i.e., the ultimate tax-payers. The grievance of the petitioners is that their request to respondent no. 1, for issuance of a certificate at a lower withholding tax rate of 5%, was rejected, despite The Government of the Republic of India and the Government of the Kingdom of Netherlands Agreement for Avoidance of Double Taxation and Prevention of Fiscal Evasion [in short “subject DTAA”], [when read, along with] the appended protocol, making a provision qua the same.

2.1. What is not in dispute is that the impugned certificates issued by respondent no. 1, with the approval of respondent no. 2, have

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2021 Supreme(Del) 158

RAJIV SHAKDHER, TALWANT SINGHConcentrix Services Netherlands B. V. – AppellantVersusIncome Tax Officer (Tds) – Respondent

Cases Referred (1)

RAJIV SHAKDHER, TALWANT SINGH
Concentrix Services Netherlands B. V. – Appellant
Versus
Income Tax Officer (Tds) – Respondent