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2021 (12) TMI 715 - HC - Income TaxIncome accrued in India - DTAA between India and Switzerland - deduct tax @ 10% on dividend income to be paid to the Petitioner for the relevant Financial Year - HELD THAT:- As in the present writ petition are no longer res integra as they are fully covered by the judgments of this Court in Concentrix Services Netherlands B.V. [2021 (4) TMI 1051 - DELHI HIGH COURT] as well as in Nestle SA [2021 (4) TMI 1267 - DELHI HIGH COURT] In Concentrix Services Netherlands B.V. [2021 (4) TMI 1051 - DELHI HIGH COURT] it has been held that no separate notification is required insofar as the applicability of the protocol is concerned and the same forms an integral part of the Convention. It is well settled law that the Department cannot refuse to follow binding jurisdictional decision merely on the basis that the Department proposes to file an appeal. The Supreme Court in UOI v. Kamlakshi Finance Corpn Ltd. [1991 (9) TMI 72 - SUPREME COURT] has held that order of higher appellate authorities should be followed ‘unreservedly’ and mere fact that decision is not acceptable to the Revenue cannot be a ground for not following the decision of higher authority. Keeping in view the aforesaid, the impugned order and certificate are set aside and the respondent is directed to issue a certificate under Section 197 of the Act indicating therein, that the rate of tax, on dividend, as applicable qua the Petitioner is 5% in India v/s Switzerland DTAA as held in Nestle SA (Supra) which was also under the India-Switzerland DTAA
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