CADENCE DESIGN SYSTEM (INDIA) PVT. LTD vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 427/2024

CADENCE DESIGN SYSTEM (INDIA) PVT. LTD .....Appellant Through: Mr. Salil Kapoor, Ms. Ananya Kapoor, Mr. Vibhu Jain and Mr. Tarun Chanana, Advs.

versus

PRINCIPAL COMMISSIONER OF INCOME TAX-1 .....Respondent Through: Mr. Sanjay Kumar, SSC along with Ms. Easha Kadian, JSC.

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA

HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R %

09.08.2024

CM APPL. 45613/2024 (Ex.) Allowed, subject to all just exceptions. The application stands disposed of. ITA 427/2024

A. Whether in view of the facts and circumstances of the case and in law, the Income Tax Appellate Tribunal This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 12:04:49

[“Tribunal”] has erred in holding that the rate of Dividend Distribution Tax [“DDT”] shall be determined as per Section 115-O of the Income Tax Act, 1961 [“Act”] which is in substance and effect a tax on dividend income of non- resident shareholders and that the beneficial rate of tax of 15% under Article 10 of the India-Mauritius and India-US Double Taxation Avoidance Agreement [“DTAA”] would not be applicable? B. Whether the decision of the Special Bench of the Tribunal in the case of Deputy Commissioner of Income Tax v. Total Oil India P. Ltd. [(2023) 104 ITR (Trib) 1] lays down the correct law? 4. List again on 11.09.2024.

YASHWANT VARMA, J

RAVINDER DUDEJA, J AUGUST 09, 2024/RW This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 12:04:49