Concentrix Services Netherlands: Applying Common Interpretation Principle to Dividend MFN Clause

Recently Delhi High Court in the case of Concentrix Services Netherlands BV v ITO ( 1 had the opportunity to interpret the Most Favoured Nation MFN clause in the protocol to India Netherlands tax treaty The High Court held that the lower withholding tax rate of 5 %%(on dividend) provided in Indian tax treaties viz Slovenia, Colombia and Lithuania would equally apply to the Indo Dutch Remittance in view of the MFN clause under the India Netherlands tax treaty.

Amicus Alert- MFN.pdf

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