What should be the withholding rate of tax in respect of dividend?


Quick Summary
The Delhi High Court considered the appropriate withholding tax rate on dividends for Dutch companies. The petitioners argued for a lower rate of 5% based on the India-Netherlands Double Taxation Avoidance Agreement (DTAA). However, the tax authorities had issued certificates stipulating a 10% withholding tax rate. The court's judgement addresses this discrepancy and clarifies the applicable rate.

Court :
Delhi High Court

Brief :
The moot issue, which arises for consideration, in the captioned writ petitions is: as to what should be the withholding rate of tax in respect of dividend?

Citation :
W.P.(C) 882/2021, CM Appl. 2302/2021

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