TMI Blog2021 (10) TMI 1212X X X X Extracts X X X X X X X X Extracts X X X X ..... quarely covered in CONCENTRIX SERVICES NETHERLANDS B.V. OPTUM GLOBAL SOLUTIONS INTERNATIONAL BV [ 2021 (4) TMI 1051 - DELHI HIGH COURT] - Accordingly, the impugned order and certificate are set aside. Consequently, a certificate u/s 197 of the Act will be issued in favour of the Petitioner, indicating therein, that the rate of tax, on dividend, as applicable qua the Petitioner is 5% under Indi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etherlands DTAA read with the Protocol and MFN clause. 2. Learned counsel for the petitioner states that the petitioner is a company incorporated under the laws of Netherlands and is engaged in the business of acquiring strategic ownership interests, owning and disposing ownership interests in other companies and enterprises, both in Netherlands and abroad with a primary focus on the food and a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith the Protocol. He submits that the Protocol to India Netherlands DTAA provides for Most Favoured Nation ( MFN ) clause in terms of which when India enters into a DTAA with another member country of the Organisation for Economic Cooperation and Development ( OECD ) wherein India limits its tax deduction at source ( TDS ) to a lower rate than the one agreed between India and Netherlands, then f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner states that the issue involved in the present writ petition is no longer res integra as it is covered by the judgment of this Court in Concentrix Services Netherlands B.V. v. ITO (TDS), W.P.(C) 9051/2020 [2021] 127 taxmann.com 43 (Delhi) and Nestle SA v. Assessing Officer, Circle (International Taxation), W.P.(C) 3243/2021. He states that the impugned order and certificate have been ..... X X X X Extracts X X X X X X X X Extracts X X X X
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