MITSUI KINZOKU COMPONENTS PVT LTD,REWARI vs. INCOME TAX OFFICER, ITO WARD TWO

ITA 3911/DEL/2024Status: DisposedITAT Delhi31 December 2025AY 2012-13Bench: SHRI VIKAS AWASTHY (Judicial Member), SHRI BRAJESH KUMAR SINGH (Accountant Member)28 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the assessee was entitled to the beneficial tax rate under the India-Japan DTAA. It directed the Assessing Officer to charge tax at 10% on the distributed dividends, allowing the refund of excess DDT paid.

What were the facts?

The assessee, an Indian subsidiary, paid Dividend Distribution Tax (DDT) at 16.61% on dividends paid to its Japanese parent company. Following Supreme Court and Tribunal decisions, the assessee sought a refund of excess DDT, claiming the India-Japan DTAA rate of 10% should apply.

What were the issues?

Whether the beneficial tax rate under the India-Japan DTAA is applicable to Dividend Distribution Tax (DDT) paid by an Indian company to its foreign parent, and if a refund can be claimed for excess DDT paid.

Which sections of the Income-tax Act were involved?

Section 115-O,Section 237,Section 239,Section 90(2)

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Income Tax Appellate Tribunal, DELHI BENCH, D: NEW DELHI

Before: SHRI VIKAS AWASTHY & SHRI BRAJESH KUMAR SINGH

For Appellant: Shri Ajit Jain, CA &, Shri Siddesh Chaudale, Adv. (through
For Respondent: Shri Vikram Singh Sharma, Sr.DR
Hearing: 15.12.2025Pronounced: 31.12.2025

PER BRAJESH KUMAR SINGH, AM,

These three appeals by the assessee are against the respective orders of the National Faceless Appeal Centre (NFAC), Delhi, [hereinafter referred to as ‘’the Ld. CIT(A)] all dated 26.06.2024, pertaining to Assessment Years (A.Y.) 2011-12, 2012-

ITA Nos.- 3910, 3911,3912/Del/2024 Mitsui Kinzoku Components India Pvt. Ltd. 13 and 2013-14 arising out of common order dated 21.09.2021 passed by the Assessing Officer, (hereinafter referred to as ‘the AO’) rejecting the application of the assessee

The order continues below.

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