Question: We are an Indian-based entity with various group companies in foreign jurisdictions. There are many intercompany transactions with such group companies which are subjected to a lower withholding tax rate in accordance with the relevant treaty owing to MFN. Kindly highlight the recent Supreme Court judgement in the case of applicability of the Most Favoured Nation MFN. Answer by Dr Suresh Surana, Founder, RSMIndia: The Apex Court (while hearing batch of appeals arising from decisions of the Delhi High Court in the case of CIVIL APPEAL NO(S). 1420 OF 2023 Assessing officer Circle International Taxation) 2(2)(2) New Delhi vs …
