National Petroleum Construction Co. v. Dy. CIT (2022) 446 ITR 382 / 216 DTR 241 / 327 CTR 617 / 289 Taxman 87(SC) Editorial : National Petroleum Construction Co. v. Dy. CIT (2020) 421 ITR 24 / 185 DTR 57/ 312 CTR 217 / 271 Taxman 150 (Delhi)(HC)

S. 197 : Deduction at source-Certificate for lower rate-Certificate of nil deduction-Non-Resident-Payments received from ONGC for work done inside and outside India-Powers of Assessing Officer while considering application for certificate-Difference of opinion between members of division bench-Matter to be referred to appropriate Bench-DTAA-India-The United Arab Emirates. [R. 28, 28AA, Art. 7]

The assessee, a company incorporated under the laws of the United Arab In view of the difference of opinion between their Lordships on the question whether the assessee was entitled to a certificate of nil deduction of tax under section 197 of the Income-tax Act, 1961 for the financial year 2019-20 corresponding to the AY 2020-21 in respect of payments received by the assessee from ONGC towards work done outside and within India, the Bench directed the Registry to place the matter before the Chief Justice for constitution of an appropriate Bench to hear the matter. (AY.  2020-21)