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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Cotecna Inspection SA – Appellant
Versus
Income Tax Officer – Respondent
| Table of Content |
|---|
| 1. challenge against withholding tax certificate (Para 1) |
| 2. application of mfn clause under the dtaa (Para 2 , 3) |
| 3. precedents supporting the petitioner's position (Para 4 , 5) |
| 4. no notification required for lower tax rate argument (Para 6) |
| 5. binding nature of higher court decisions (Para 7 , 8) |
| 6. set aside order and direction for 5% tax rate (Para 9) |
| 7. disposal of writ petition with directions (Para 10) |
JUDGMENT
Manmohan, J. (Oral)--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 dividen
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