NIL withholding tax application cannot be allowed on based on argument of pending assessment

Benteler Automative (China) Investment Limited Vs ACIT (Bombay High Court) Bombay High Court held that managerial and technical services provided from China to India through virtual means constitutes service rendered in India. Accordingly, rejection of application seeking NIL withholding tax based on pending assessments before ITAT justifiable. Facts- By this Petition, filed under Article 226 of the Constitution of India, the Petitioner seeks a declaration that the consideration received/receivable by the Petitioner from its Indian subsidiary, Benteler India Private Limited, pursuant to the S...