What did the Tribunal hold?

The Tribunal held that the matter was not about claiming dividend tax as an expense but claiming excess dividend tax paid as a refund. Therefore, the Assessing Officer was directed to issue the refund as per the law.

The assessee claimed credit for dividend received from subsidiaries, leading to a refund of excess Dividend Distribution Tax (DTT) paid. The issue was not about the refund of DTT itself, but the refund of excess credit of dividend tax beyond the actual payable amount.

What were the issues?

Whether the assessee is entitled to a refund of excess dividend tax paid, beyond the actual tax payable.

Vedanta Ltd (Formerly Known As… vs ACIT | ITAT Delhi 2021

Income Tax Appellate Tribunal, DELHI BENCH ‘F’ DELHI

Before: Dr. B.R.R. KUMAR & Ms. SUCHITRA KAMBLE

O R D E R PER Dr. B.R.R. KUMAR, AM The aforesaid appeal has been filed by the assessee against the impugned order dated 12.04.2019, passed by Ld. Commissioner of Income Tax-IX, New Delhi for the Assessment Year 2012-13.

The issue before us pertains to claim of credit of dividend received from subsidiaries which resulted in refund of excess Divident Distribution Tax (DTT) which was paid by the assessee. We find that this issue is not pertaining to refund of DTT perse but refund of excess credit of dividend tax which is in excess of the actual amount payable. Nor this is not a case of the assessee in claiming the dividend tax as expense but claiming the excess dividend tax paid as refund. Hence, the matter is being sent to the file of the Assessing Officer to issue the refund as per the provision of law at the earliest. 3. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open Court on 17th November, 2021

VEDANTA LTD (FORMERLY KNOWN AS SESA STERLITE LTD.),NEW DELHI vs. ACIT, CIRCLE- 26(1), NEW DELHI

What did the Tribunal hold?

What were the facts?

What were the issues?

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