On writ against the order under section 197 of the Act, the Court held, that the Assessing Officer had bypassed the judgment of the Supreme Court in Engineering Analysis Centre of Excellence P. Ltd. v. CIT (2021) 432 ITR 471 (SC). The Court directed the Assessing Officer to examine the application, in the background of the parameters set forth in rule 28AA. (AY. 2022-23) (AY. 2023-24)
Milestone Systems A/S v. Dy. CIT (No. 1) (2023) 453 ITR 250 //150 taxmann.com 348 / 334 CTR 89/ 225 DTR 369 (Delhi)(HC) Milestone Systems A/S v. Dy. CIT (NO. 2) (2023)453 ITR 255 (Delhi)(HC)
S. 197 : Deduction at source – Certificate for lower rate -Non -Resident – Payments under distributor agreement —Certificate for withholding tax at rate of 9.99 Per Cent- Order set aside- Precedent -Supreme Court -Binding on Authorities. [S. 195, Rule 28AA, Art. 226]