2023 (2) TMI 1200 - SCH - Income Tax

Withholding rate of tax in respect of dividend - India-Swiss DTAA - Revenue, cannot but accept that the issue raised herein is covered by Concentrix Services Netherlands B V case 2021 (4) TMI 1051 - DELHI HIGH COURT - 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. HELD THAT - Leave granted. Arguments concluded. Judgment reserved. Learned counsel for the parties request for some time to file written submissions. Learned ASG appearing for the Revenue shall ensure that written submissions are filed within two weeks. Ld. counsel for the intervener is tasked with the responsibility of ensuring that submissions of all respondents are in place in one compilation.

Summary

Issues:
1. Leave granted.
2. Arguments concluded.
3. Judgment reserved.
4. Request for time to file written submissions.
5. Responsibility of filing submissions by the Revenue and the intervener.

Analysis:
1. The Supreme Court granted leave in the case, indicating permission for further proceedings.
2. The arguments from both parties have been completed, suggesting that all relevant points have been presented before the court.
3. The court has reserved the judgment, signifying that a decision will be given after due consideration of the arguments and evidence.
4. Both parties have requested time to file written submissions, with the learned ASG for the Revenue ensuring the submissions are filed within two weeks.
5. Additionally, the responsibility of compiling submissions from all respondents has been assigned to the intervener's counsel, Mr. Mukesh Butani, with a deadline of two weeks for filing the written submissions. This ensures that all relevant information is presented to the court for a comprehensive review before the final judgment is delivered.