“DDT”

M/S. Piaggio Vehicles Pvt.Ltd, Pune vs. Assistant Commissioner of Income-Tax, Circle - 4, Pune

In the result, appeal of the assessee is dismissed

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.868/Pun/2022 िनधा"रण वष" / Assessment Year: 2015-16 Piaggio Vehicles Private Ltd., V The Assistant Sky One Corporate Park, S Commissioner Of Income Ground Floor, Survey Tax, Circle-4, Pune. No.239/02, Near Pune Airport, Pune – 411032. Pan: Aabcp1225G Appellant/ Assessee Respondent / Revenue Assessee By Shri Siddhesh Chaugule – Ar Revenue By Shri Vidya Ratan - Dr Date Of Hearing 18/12/2024 Date Of Pronouncement 23/12/2024 आदेश/ Order 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 & Circumstances Of The Case & In Law, The Hon'Ble Cit(A) Has Erred In Not Granting The Benefit Of Article 11 Of The India-

erred in not granting the benefit of Article 11 of the India- Italy Double Taxation Avoidance Agreement (DTAA') in determining the Dividend Distribution Tax ('DDT') payable, without appreciating the fact that the dividend declared and paid by the Appellant to Piaggio & C. S.p.A., Italy, being tax on dividend income should ... liable to tax at the rate prescribed in the India-Italy DTAA Consequently, the refund of excess tax (DDT) paid by the Appellant be granted. The Appellant craves leave to add to, alter, amend or withdraw all or any of the grounds of appeal herein above and to submit such