Withholding Tax - certificate under Section 197 of the Income Tax Act, 1961 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 India-Swiss DTAA

 

2021-VIL-31-DEL-DT

 

DELHI HIGH COURT

 

W.P.(C) 3243/2021

 

Date: 04.06.2021

 

M/s NESTLE SA

 

 

Vs

 

ASSESSING OFFICER CIRCLE (INTERNATIONAL TAXATION)-2(2)(2), NEW DELHI

 

Petitioner Through : Mr. Porus Kaka, Sr. Advocate with Mr. Prakash Kumar and Mr. Divesh Chawla,  Advocates

Respondent Through : Mr. Zoheb Hossain, Sr. Advocate

 

CORAM

HON'BLE MR. JUSTICE RAJIV SHAKDHER

HON'BLE MR. JUSTICE TALWANT SINGH

 

RAJIV SHAKDHER, J.: (ORAL)

 

1. Mr. Zoheb Hossain, who appears for the respondent/revenue, cannot but accept that the issue raised in the present petition is covered by the judgement of this Court dated 22.04.2021, passed in W.P.(C) 9051/2020 titled ‘Concentrix Services Netherlands B V v/s. Income Tax Officer TDS & Anr.’.

 

2. Accordingly, impugned orders dated 04.01.2021 and 11.03.2021 are set aside. The writ petition is disposed of in the aforesaid terms.

 

3. Consequently, a certificate under Section 197 of the Income Tax Act, 1961 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 India-Swiss DTAA.