The Delhi High Court has published a 10 July 2019 decision concerning whether a taxpayer may claim a reduced withholding tax rate due to the MFN clause of a tax treaty through a revision petition.
The case involved a company incorporated in Spain, Epcos Electronic Components SA (now TDK), which had applied a 20% withholding tax rate for management services provided to its associated enterprise in India, as per the terms of Article 13 (Royalties and Fees for Technical Services) in the 1993 I…