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TMI Blog2021 (12) TMI 995X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. (Supra) 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 unr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f prescribing a rate of 10% on the dividends distributed by Cotecna Inspection India Private Limited ( CIIPL ) to the Petitioner as opposed to the applicable rate of 5% under the India-Switzerland Double Taxation Avoidance Agreement ( DTAA ) read with the MFN clause and the Amending Protocol to the DTAA. 3. He submits that the Protocol to India Switzerland DTAA provides for 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 agreed one between India and Switzerland, then from the date such agreement comes into force, the rates or scope contemplated in s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bhatia, Advocate accepts notice on behalf of the Respondents. He states that since no notification has been issued by the Government of India, the petitioner is not entitled to lower tax rate of 5% provided in India-Columbia DTAA, India-Lithuania DTAA and India-Slovenia DTAA. He further reiterates that the Revenue has not accepted the decision of this Court in the cases of Concentrix Services Netherlands B.V. v. ITO (TDS) and Nestle SA v. Assessing Officer, Circle v. ACIT WP(C) 3243/2021 and is in process of filing Special Leave Petitions before the Hon ble Supreme Court. 7. Having heard learned counsel for the parties, this Court finds that the issues raised in the present writ petition are no longer res integra, as they are fully c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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