2021 (10) TMI 623

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..... accepts notice on behalf of the Respondent. He states that he has no objection if the Respondent is directed to dispose of the application filed by the Petitioner under Section 264 of the Act in a time bound manner. Keeping in view the limited prayer made, this Court disposes of the present writ petition directing the Respondent to decide the Petitioner s application dated 18th August, 2021 fil .....

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..... laws of Netherlands and is engaged in the manufacture and sale of sugar confectionary/gum and provision of operational and other support services for the benefit of companies of Perfetti Van Melle Group (Perfetti Group) situated in various countries. He states that the Petitioner holds 99.999% of the shares of Perfetti Van Melle India Private Limited ( Perfetti India ) in the form of equity share .....

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..... 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 from the date such agreement comes into force, the .....

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..... r. 5. Learned counsel for the petitioner states that in the order rejecting the Petitioner s application, the AO observed that the benefit of the MFN clause could not be availed by the Petitioner as Slovenia / Lithuania / Colombia were not OECD countries at the time when the India Netherlands Treaty came into effect. He states that aggrieved by the withholding certificate issued by the AO, th .....

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..... ed by the Petitioner under Section 264 of the Act in a time bound manner. 7. Keeping in view the limited prayer made, this Court disposes of the present writ petition directing the Respondent to decide the Petitioner s application dated 18th August, 2021 filed under Section 264 of the Act, by way of a reasoned, order in accordance with law, within eight weeks. 8. The order be uploaded on the .....

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