JUDGMENT

Manmohan, J. - 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) prescribing a tax withholding rate of 5% on dividend of Rs. 21,05,26,160/- for the Financial Year 2021-22 in accordance with the India Switzerland DTAA read with the protocol and Most Favoured Nation ("MFN") clause.

2. Learned counsel for the Petitioner states that vide the impugned orders, the application of the Petitioner under Section 197 of the Act had been disposed of prescribing a rate of 10% on the dividends distributed by Cotecna Inspection India Private Limited ("CIIPL") to the Petitioner as opposed to the applicable rate of 5% under the India-Switzerland Double Taxation Avoidance Agreement ("DTAA") read with the MFN clause and the Amending Protocol to the DTAA.

3. He submits that the Protocol to India Switzerland DTAA provides for MFN clause in terms of which when India enters into a DTAA with another member country of the Organis