M/S. PIAGGIO VEHICLES PVT.LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 4,, PUNE

ITA 868/PUN/2022Status: DisposedITAT Pune23 December 2024AY 2015-16Bench: DR.DIPAK P. RIPOTE (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)20 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the DTAA does not get triggered when a domestic company pays DDT under Section 115-O of the Income Tax Act. Therefore, the assessee is not eligible for a refund of excess DDT as claimed.

What were the facts?

The assessee claimed a refund of excess Dividend Distribution Tax (DDT) paid, arguing that the India-Italy Double Taxation Avoidance Agreement (DTAA) should apply. The assessee contended that DDT is a tax on dividend income and should be taxed at the DTAA rate.

What were the issues?

Whether the benefit of the India-Italy DTAA can be applied to Dividend Distribution Tax (DDT) paid by a domestic company to a non-resident shareholder.

Which sections of the Income-tax Act were involved?

Section 115-O

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Income Tax Appellate Tribunal, PUNE BENCHES “C” :: PUNE

Before: DR.DIPAK P. RIPOTE & SHRI VINAY BHAMORE

For Appellant: Shri Siddhesh Chaugule – AR
For Respondent: Shri Vidya Ratan - DR
Hearing: 18/12/2024Pronounced: 23/12/2024

PER DR. DIPAK P. RIPOTE, AM: This is an appeal filed by the assessee against the order of ld.Commissioner of Income Tax(Appeals)-13, Pune for Assessment Year 2015-16 dated 06.10.2022 passed under section 250 of the Income tax Act, 1961. The Assessee has raised the following grounds of appeal :

“1. Refund of excess taxes paid on dividend distributed On the facts and circumstances of the case and in law, the Hon'ble CIT(A) has erred in not granting the benefit of Article 11 of the India- Italy Double Taxation Avoidance Agreement (DTAA') in determini

The order continues below.

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