← All Phrases

“DDT”

Special Rate ProvisionsSection 115-OSection 115-O499 judgments

The decision most relied on for DDT is Sesa Goa Ltd. v. JCIT (117 Taxmann.com 96), cited in 291 judgments on BharatTax.

Leading authorities on DDT

Sesa Goa Ltd. v. JCIT
117 Taxmann.com 96 · 2020 · High Court
291
citing judgments

Education cess paid on total income and dividend distribution tax are allowable deductions for income tax purposes.

Trib.) Giesecke & Devrient 16.994%). India Pvt Ltd. v. ACIT
120 Taxmann.com 338 · 2020 · High Court
52
citing judgments

The provisions of a Double Taxation Avoidance Agreement (DTAA) would prevail over the domestic law rate of Dividend Distribution Tax (DDT) under Section 115-O.

Union of India v. Tata Tea Co Ltd.
398 ITR 260 · 2017 · Supreme Court
38
citing judgments

Dividend Distribution Tax (DDT) is a tax on the profits of the domestic company, not on the shareholder. The Supreme Court's decision in Tata Tea Co. Ltd. did not address the precise nature of DDT as a tax on the company versus the shareholder.

Torrent India Pvt. Ltd. v. CIT
35 Taxmann.com 300 · 2013 · High Court
36
citing judgments

Excess Dividend Distribution Tax (DDT) paid by a company is refundable to the assessee, even though Section 115-O(4) states DDT is a final payment.

SIDBI v. CBDT
133 Taxmann.com 158 · 2021 · High Court
23
citing judgments

Dividend Distribution Tax (DDT) under section 115-O is a charge on the company's profits and not on the income in the hands of the shareholder, meaning it does not constitute double taxation and is not subject to Double Taxation Avoidance Agreements (DTAA).

Genpact India (P). Ltd. v. Dy. CIT
111 Taxmann.com 402 · 2019 · Supreme Court
11
citing judgments

An assessee can challenge tax liability arising from special charging provisions, such as Section 115QA, by filing a separate appeal under Section 246A. Dividend Distribution Tax (DDT), as an additional tax not linked to the computation of total income, must be appealed independently.

AMD Metplast (P.) Ltd. v. Dy. CIT
20 Taxmann.com 647 · 2012 · High Court
10
citing judgments

Commission paid to a Managing Director for services rendered is eligible for deduction under section 36(1)(ii) of the Income-tax Act, 1961, provided it is paid as per the terms of employment and not merely to avoid Dividend Distribution Tax (DDT).

Judgments citing DDT

Schaeffler India Limited (Earlier Known As Fag Bearings India Ltd.), Vadodara vs. The Assistant Commissioner of Income Tax, Circle-1(1)(2) Now Circle-1(1)(1), Vadodara

Appeals are partly allowed for statistical purposes and Department’s appeals are dismissed

ITA 134/AHD/2023[2011-12]Status: DisposedITAT Ahmedabad12 Jan 2024AY 2011-12

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

For Appellant: Shri Bhavin Marfatia, A.RFor Respondent: Dr. Darsi Suman Ratnam, CIT D.R. & Shri
Section 234Section 234ASection 271(1)(c)Section 37Section 90(2)

erred in fact and in law in not directing the learned AO to grant refund of excess amount of Dividend Distribution Tax ("DDT") of Rs. 26,84,774 paid on dividend distributed to the German Shareholder. 7) The learned CIT(A) erred in fact and in law in not appreciating ... learned CIT(A) erred in fact and in law in disallowing the claim made by the Appellant on account of refund of excess DDT paid during the year without appreciating the law in proper perspective. Other Grounds: 10) The learned CIT(A) erred in fact and in law in confirming

Schaeffler India Limited (Earlier Known As Fag Bearings India Ltd.), Vadodara vs. The Assistant Commissioner of Income Tax, Circle-1(2) Now Circle-1(1)(1), Vadodara

Appeals are partly allowed for statistical purposes and Department’s appeals are dismissed

ITA 133/AHD/2023[2010-11]Status: DisposedITAT Ahmedabad12 Jan 2024AY 2010-11

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

For Appellant: Shri Bhavin Marfatia, A.RFor Respondent: Dr. Darsi Suman Ratnam, CIT D.R. & Shri
Section 234Section 234ASection 271(1)(c)Section 37Section 90(2)

erred in fact and in law in not directing the learned AO to grant refund of excess amount of Dividend Distribution Tax ("DDT") of Rs. 26,84,774 paid on dividend distributed to the German Shareholder. 7) The learned CIT(A) erred in fact and in law in not appreciating ... learned CIT(A) erred in fact and in law in disallowing the claim made by the Appellant on account of refund of excess DDT paid during the year without appreciating the law in proper perspective. Other Grounds: 10) The learned CIT(A) erred in fact and in law in confirming

Dy CIT 11 (3)(1), Mumbai vs. Total Oil India Pvt Ltd., Mumbai

In the result, the appeal of the revenue is dismissed and the Cross

ITA 6997/MUM/2019[2016-17]Status: DisposedITAT Mumbai29 Dec 2023AY 2016-17

Bench: Shri Vikas Awasthy&F Shri Amarjit Singhdy. Commissioner Of Vs. Total Oil India Pvt. Ltd. Income Tax-11(3)(1) 3Rd Floor, The Leela Room No. 204, Aayakar Galleria, Bhavan, M.K.Road, Andheri (E) Marine Lines Mumbai 400 059 Mumbai – 400 020 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaace2175M Appellant .. Respondent

For Appellant: Niraj ShethFor Respondent: Ajay Kumar Sharma
Section 143(2)Section 143(3)Section 195Section 40

taxes on salaries payment to employees and accordingly provisions of section 40(a)(i) shall not apply on short deduction of taxes, Deduction of DDT on Dividend Distributed as per DTAA 4. The Ld AO be directed to compute tax payable by the Assessee under section

Asst CIT (Ltu) 1, Mumbai vs. Grasim Industries Limited (As A Successor to Aditya Birla Nuvo Ltd, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 1248/MUM/2017[2011-12]Status: DisposedITAT Mumbai28 Dec 2023AY 2011-12

Bench: Shri Vikas Awasthy, Jm & Ms Padmavathy S, Am

For Appellant: Shri Yogesh Thar, ARFor Respondent: Ms. A. Alankrutha, Sr. DR
Section 10BSection 115JSection 14ASection 234BSection 271(1)(c)Section 32(1)(iia)Section 37Section 40Section 43BSection 80I

Education and Secondary and Higher Education Cess as an allowable expenditure 2. 15.06.2021 Additional ground no. 2- Re-computation of Dividend Distribution Tax ("DDT") liability on dividends paid to non-resident shareholders at beneficial rates as per applicable Double Taxation Avoidance Agreements and claim of refund for excess taxes paid ... disposal on merits. 45. With regard to additional ground no.1 & 2 towards Claim of Education and Secondary and Higher Education Cess and refund of DDT as per DTAA rates, the ld AR fairly conceded that the issues are already held against the assessee in view of judicial pronouncements. The issue

Grasim Industries Limited (As A Successor to Aditya Birla Nuvo Ltd), Mumbai vs. Addl CIT Ltu, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 1065/MUM/2017[2011-12]Status: DisposedITAT Mumbai28 Dec 2023AY 2011-12

Bench: Shri Vikas Awasthy, Jm & Ms Padmavathy S, Am

For Appellant: Shri Yogesh Thar, ARFor Respondent: Ms. A. Alankrutha, Sr. DR
Section 10BSection 115JSection 14ASection 234BSection 271(1)(c)Section 32(1)(iia)Section 37Section 40Section 43BSection 80I

Education and Secondary and Higher Education Cess as an allowable expenditure 2. 15.06.2021 Additional ground no. 2- Re-computation of Dividend Distribution Tax ("DDT") liability on dividends paid to non-resident shareholders at beneficial rates as per applicable Double Taxation Avoidance Agreements and claim of refund for excess taxes paid ... disposal on merits. 45. With regard to additional ground no.1 & 2 towards Claim of Education and Secondary and Higher Education Cess and refund of DDT as per DTAA rates, the ld AR fairly conceded that the issues are already held against the assessee in view of judicial pronouncements. The issue

ACIT-2(2)(1), Mumbai vs. M/S. Mahindra and Mahindra Ltd., Mumbai

In the result, appeal filed by the Revenue and cross objection filed by the assessee are dismissed

ITA 2109/MUM/2023[2019-020]Status: DisposedITAT Mumbai20 Dec 2023AY 2019-020

Bench: Shri B.R. Baskaran (Am) & Shri Sandeep Singh Karhail (Jm)

Section 115Section 115OSection 115PSection 143(1)

granting relief in respect of the interest charged under section 115P of the I.T. Act towards late payment of Dividend Distribution Tax (DDT) and (b) in granting refund of Dividend Distribution Tax (DDT) paid by the assessee. The assessee has filed cross objection supporting the decision of the learned ... under section 115-O of the Act. The return of income of the assessee was processed under section 143(1) of the Act. The DDT has to be paid within 14 days from the date of declaration of dividend. In the return of income, the assessee declared date of distribution

Panasonic Life Solutions India Pvt Ltd, Thane vs. Asst CIT CC 7(2), Mumbai

In the result, Appeal of assessee is partly allowed

ITA 7861/MUM/2019[2012-13]Status: DisposedITAT Mumbai19 Dec 2023AY 2012-13

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm Panasonic Life Solutions India Asst. Commissioner Of Private Limited Income-Tax (Formerly Known As Anchor Central Circle 7(2) Electricals Private Limited) 3Rd Floor, B Wing, 655, 6Th Floor, Aaykar Bhavan Vs. I – Think Techno Campus, M.K. Road, Pokhran Road No.2, Thane Mumbai-400 020 (West) (Appellant) (Respondent) Pan No. Aaeca2190C Assessee By : Shri M.P. Lohia Shri Nikhil Tiwari, Ar Revenue By : Shri Manoj Kumar, Cit Dr Date Of Hearing: 08-12-2023 Date Of Pronouncement : 19.12.2023

For Appellant: Shri M.P. LohiaFor Respondent: Shri Manoj Kumar, CIT DR
Section 143(2)Section 143(3)Section 144C(13)Section 147Section 153Section 80ISection 92C

against the other income of INR 24,37,118 pertaining to Haridwar unit; Non grant of credit for DDT (Tax effect INR 4,83,38,022) 20. erred in not granting credit for Dividend Distribution Tax paid of INR 4,83,38,022; Charging of interest under section 234B

Maquet Medical India Private Limited, Mumbai vs. Deputy Commissioner of Income Tax 10(2)(2), Mumbai

In the result, the appeal of the Revenue is dismissed

ITA 6524/MUM/2017[2012-13]Status: DisposedITAT Mumbai12 Dec 2023AY 2012-13

Bench: Shri Kuldip Singh () & Ms. Padmavathy S. ()

Section 115Section 115O(4)Section 234DSection 250Section 41(1)

Assessing Officer / Commissioner of Income-tax (Appeals) has erred in levying interest under section 115-P of the Act on the amount of DDT liability without appreciating that the same has already been paid within the statutory timeline; 4. The ld. Assessing Officer / Commissioner of Income-tax (Appeals) has erred ... ground stating that the AO has not given credit for the Dividend Distribution 4 ITAs 6524 & 5789/Mum/2017 Maquet Medical India Pvt. Ltd. Tax (DDT) paid by the assessee while making the computation of assessed income. The CIT(A) dismissed the ground raised by the assessee stating that the assessee cannot

Deputy Commissioner of Income Tax 10(2)(2), Mumbai vs. Maquet Medical India Private Limited, Mumbai

In the result, the appeal of the Revenue is dismissed

ITA 5789/MUM/2017[2012-13]Status: DisposedITAT Mumbai12 Dec 2023AY 2012-13

Bench: Shri Kuldip Singh () & Ms. Padmavathy S. ()

Section 115Section 115O(4)Section 234DSection 250Section 41(1)

Assessing Officer / Commissioner of Income-tax (Appeals) has erred in levying interest under section 115-P of the Act on the amount of DDT liability without appreciating that the same has already been paid within the statutory timeline; 4. The ld. Assessing Officer / Commissioner of Income-tax (Appeals) has erred ... ground stating that the AO has not given credit for the Dividend Distribution 4 ITAs 6524 & 5789/Mum/2017 Maquet Medical India Pvt. Ltd. Tax (DDT) paid by the assessee while making the computation of assessed income. The CIT(A) dismissed the ground raised by the assessee stating that the assessee cannot

Indus Towers Ltd, Gurugram vs. DCIT, Circle 4(2), New Delhi

In the result, the appeal of the assessee is allowed for statistical purposes and the Stay Petition of the assessee is hereby dismissed as infructuous

ITA 1051/DEL/2023[2017-18]Status: DisposedITAT Delhi30 Nov 2023AY 2017-18

Bench: Sh. M. Balaganesh & Sh. Anubhav Sharma

For Appellant: Sh. Ajay Vohra, Sr. AdvFor Respondent: Mr. Waseem Arshad, CIT-DR
Section 10(34)Section 115Section 14ASection 251(2)

erred on the facts and in law not directing the assessing officer to restrict the levy of the dividend distribution tax (DDT) on the dividend distributed/ paid to non-resident shareholder(s) to lower rate(s) of tax on dividend given in respective Double Taxation Avoidance Agreements as against effective

Sennheiser Electronics India Private Limited, Gurgaon vs. Circle-4(1), Gurgaon

In the result, the appeal of the assessee is dismissed

ITA 1942/DEL/2021[2019-20]Status: DisposedITAT Delhi28 Nov 2023AY 2019-20

Bench: Us, The Only Effective Issue To Be Decided In This Appeal Is As To Whether The Nfac Was Justified In Not Granting Refund Of The Dividend Distribution Tax (Ddt) In The Facts & Circumstances Of The Instant Case. 4. We Have Heard The Rival Submissions & Perused The Materials Available On Record. The Assessee Is Engaged In The Business Of Sales & Distribution Of Headphones, Microphones, Monitoring Systems, Tour Guide Systems & Aviation Headsets. It Imports Goods From Sennheiser Group Companies For Reselling Through Its Distributors In India. The Return Of Income For The Assessment Year 2019-20 Was Filed By The Assessee Company On 27.11.2019 Which Was Later Revised On 09.03.2020 Declaring Total Income Of Rs.3,77,00,470/-. 5. During The Year Under Consideration The Assessee Distributed Dividends To Its Share Holders (Senniheiser Global Operations Gmbh, Germany & Sennheiser Electronic Gmbh & Co. Kg

Section 115Section 143(1)

issue to be decided in this appeal is as to whether the NFAC was justified in not granting refund of the Dividend Distribution Tax (DDT) in the facts and circumstances of the instant case. 4. We have heard the rival submissions and perused the materials available on record. The assessee ... Global Operations GMBH, Germany and Sennheiser Electronic GMBH & Co. KG, Page 2 of 6 Sennheiser Electronics India Vs. Circle – 4 (1) Germany) and paid DDT on distribution of dividends under section 115-O of the Act as under:- Dividends to share holders Particulars Total Sennheiser Global Sennheiser (Rs.) Operations GMBH

Thomas Cook (India) Ltd., Mumbai vs. Addl/ Jt/ Dy/CIT/Asstt/ITO, National E-Assessment Centre, Delhi

In the result, appeal filed by the assessee is partly allowed

ITA 1218/MUM/2021[2016-17]Status: DisposedITAT Mumbai24 Nov 2023AY 2016-17

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms. Kavitha Rajagopal, Hon'Ble

Section 92CSection 92C(3)

circumstances of the case and in law, the Hon'ble DRP and the learned AO: (a) erred in not granting excess Dividend Distribution Tax (DDT) paid erroneously amounting to Rs 3,96,056, arising on account of payment of DDT at the rate of 20.925% on the entire dividend paid ... prays that the AO be directed to grant refund of Rs 3,96,056 to the appellant (b) erred in not appreciating that the DDT paid by the appellant in relation to the dividend of Rs 5,48,24,449 paid to its overseas shareholder je Fairbridge Capital (Mauritius) Limited

Van Ooord India Pvt. Ltd, Mumbai vs. ACIT Cir 5(3) (2), Mumbai

In the result, appeal of the assessee is dismissed

ITA 1686/MUM/2021[2015-16]Status: DisposedITAT Mumbai09 Nov 2023AY 2015-16

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2015-16 Van Oord India Pvt Ltd Acit Circle 5(3)(2) 201, 2Nd Floor, Central Aaykar Bhavan, Mk Road, Vs. Plaza, 166 Cst Road, Mumbai- 400020 Kalina, Mumbai- 400098

For Appellant: Shri. Divesh ChawlaFor Respondent: Shri. Ajay Kumar Sharma & Anil Sant
Section 250

which owing grounds, each of which are without prejudice to one another: are without prejudice to one another:- Refund of excess Dividend Distribution Tax (DDT') paid on Refund of excess Dividend Distribution Tax (DDT') paid on Refund of excess Dividend Distribution Tax (DDT') paid on dividend received by the Appellant ... rejecting the additional objections raised by the 2. erred in rejecting the additional objections raised by the Appellant relating to refund of excess DDT paid on dividend Appellant relating to refund of excess DDT paid on dividend Appellant relating to refund of excess DDT paid on dividend income

DCIT, Circle-3(3)(1), Mumbai vs. M/S. Total Energies Marketing India P Ltd (Formerly Known As M/S. Total Oil India P Ltd, Mumbai

ITA 97/MUM/2023[2017-18]Status: DisposedITAT Mumbai03 Nov 2023AY 2017-18

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

For Appellant: Shri Ketan VedFor Respondent: Shri Biswanath Das, D.R
Section 115Section 143(3)Section 40

facts and in circumstances of the case and in law, the Ld. CIT(A), erred in directing the A.O. to give credit for DDT after verification of the return and accompanying documents as per law while the matter agitated in the ground is not about giving credit but granting ... refund of excess DDT in view of DTAA between India and Slovenia read with MFN clause of India-France DTAA? 2. Whether on the facts and in circumstances of the case and in law, the Ld. CIT (A), NFAC erred in adjudicating the ground to refund excess DDT and giving

DCIT, Circle-3(3)(1), Mumbai vs. M/S. Total Energies Marketing India P Ltd. (Formerly Known As M/S. Total Oil India P Ltd.), Mumbai

ITA 96/MUM/2023[2018-19]Status: DisposedITAT Mumbai03 Nov 2023AY 2018-19

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

For Appellant: Shri Ketan VedFor Respondent: Shri Biswanath Das, D.R
Section 115Section 143(3)Section 40

facts and in circumstances of the case and in law, the Ld. CIT(A), erred in directing the A.O. to give credit for DDT after verification of the return and accompanying documents as per law while the matter agitated in the ground is not about giving credit but granting ... refund of excess DDT in view of DTAA between India and Slovenia read with MFN clause of India-France DTAA? 2. Whether on the facts and in circumstances of the case and in law, the Ld. CIT (A), NFAC erred in adjudicating the ground to refund excess DDT and giving

L & T Technology Services Limited, Mumbai vs. ACIT Circle 2(2)(1), Mumbai

In the result, appeal filed by the assessee is allowed for statistical purpose

ITA 2542/MUM/2022[2018-19]Status: DisposedITAT Mumbai31 Oct 2023AY 2018-19

Bench: Shri Vikas Awasthy, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blel & T Technology Services Limited V. Acit – Circle – 2(2)(1) L & T House, N.M. Marg Room No. 545, 5Th Floor Mumbai - 400001 Aaykar Bhavan, M.K. Road Mumbai - 400020 Pan: Aaccl4310P (Appellant) (Respondent) Assessee Represented By : Shri Nitesh Joshi Department Represented By : Shri Manoj Kumar

Section 144C(5)Section 14ASection 69CSection 90

formed part of the taxable income in India. 11. The Assessing Officer erred in ignoring a challan evidencing the payment of Dividend Distribution tax (DDT) amounting to Rs.8,30,52,816 and thereby granting credit of DDT of Rs.8,32,63,338 as against the credit claimed by the Appellant ... Ground No. 11, this issue is relating to payment of dividend distribution tax amounting to ₹.8,30,52,816/- and granting credit of DDT of ₹.8,32,63,338/- as against the credit claimed by the assessee ₹.16,63,16,153/-. 53. Before us, Ld.AR of the assessee submitted evidences

Deputy Commissioner of Income Tax 12(2)(2), Mumbai vs. Group M Media (India) Private Limited, Mumbai

In the result the appeal filed by the revenue and cross objection filed by the assessee are stand dismissed

ITA 3087/MUM/2019[2011-12]Status: DisposedITAT Mumbai31 Oct 2023AY 2011-12

Bench: Aby T Varkey & Shri Amarjit Singhco No. 137/Mum/2021 (A.Y. 2011-12) Group M Media (India) Vs. Dcit-12(2)(2) Pvt. Ltd. Room No. 145, 1 St Floor, 8Th Floor, Commerz Aayakar Bhavan, International Business M.K. Road, Park, Oberoi Garden Mumbai-400020 City, Off Western Express Highway, Goregaon (E), Mumbai-400063 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aaccm7365H Appellant .. Respondent Dcit-12(2)(2) Vs. Group M Media (India) Room No. 145, 1 St Floor, Pvt. Ltd. Aayakar Bhavan, 8Th Floor, Commerz M.K. Road, International Business Mumbai-400020 Park, Oberoi Garden City, Off Western Express Highway, Goregaon (E), Mumbai-400063 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aaccm7365H Appellant .. Respondent Appellant By : Shri. Nikhil Tiwari Respondent By : Shri. Ganesh Rakh Date Of Hearing 27.10.2023 Date Of Pronouncement 31.10 .2023

For Appellant: Shri. Nikhil TiwariFor Respondent: Shri. Ganesh Rakh
Section 143(2)Section 143(3)Section 36(1)(iii)

Group Media M (India) Pvt. Ltd. The ground no. 8 of the original additional grounds of appeal deals with the dividend distribution tax (DDT) paid by the Appellant to its Dutch shareholder, Berkeley Square Holdings BV, which is liable to tax as per India - Netherlands Treaty read with the most ... Counsel has not pressed these grounds of appeals therefore the same stand dismissed. 20. Additional Ground No. 8 Dividend distribution tax [DDT]. Paid to Dutch Shareholders :- The assessee had paid dividend to its Dutch shareholder Berkely Square holding BV. The assessee submitted that since there is MFN clause

Tech Mahindra Ltd, Mumbai vs. DCIT Cir 2(3), Mumbai

Appeal is dismissed and assessee's appeal is partly allowed

ITA 3643/MUM/2012[2007-08]Status: DisposedITAT Mumbai25 Oct 2023AY 2007-08

Bench: Shri Amit Shukla () & Ms. Padmavathy S. ()

Section 92C(3)

accordingly, the ground is dismissed. 31. Through additional ground No.2, vide letter dated 28/01/2020, the assessee is contending that the Dividend Distribution Tax (DDT) to be restricted to the rate provided in the respective DTAA provisions. This issue is covered by the decision of the Hon’ble Special Bench

DCIT 22(3), Mumbai vs. Tech Mahindra Ltd, Mumbai

Appeal is dismissed and assessee's appeal is partly allowed

ITA 3531/MUM/2012[2007-08]Status: DisposedITAT Mumbai25 Oct 2023AY 2007-08

Bench: Shri Amit Shukla () & Ms. Padmavathy S. ()

Section 92C(3)

accordingly, the ground is dismissed. 31. Through additional ground No.2, vide letter dated 28/01/2020, the assessee is contending that the Dividend Distribution Tax (DDT) to be restricted to the rate provided in the respective DTAA provisions. This issue is covered by the decision of the Hon’ble Special Bench

Legrand Nederland B.V., Mumbai vs. Asstt. Comm. of Income Tax 3(1)(2), Mumbai

In the result, appeal filed by the assessee is partly allowed

ITA 2487/MUM/2022[2017-18]Status: DisposedITAT Mumbai13 Oct 2023AY 2017-18

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blelegrand Nederland B.V. V. Acit (Intl. Taxation) – 3(1)(2) 16Th Floor, Air India Building 61/62, 6Th Floor Nariman Point, Mumbai Kalpatru Square, Kondivita Road Off. Andheri Road, Andheri (E) Mumbai - 400059 Pan: Aaccl1156B (Appellant) (Respondent) Assessee Represented By : Shri P.J. Pardiwala & Shri Prayas Jain Department Represented By : Shri Amit Kumar Soni

Section 10(34)Section 112(1)(c)Section 115Section 144C(5)Section 2(22)(d)Section 244ASection 270A

section 115-O of the Act). The exemption was denied on the premise that Novateur India has not paid Dividend Distribution Tax (DDT) and that dividend on account of capital reduction does not fall u/s. 115-O of the Act. 6. Aggrieved with the above order, assessee preferred objection before ... deemed dividend u/s 2(22)(d) is applicable in the case of Novateur India and they have not paid the Dividend Distribution Tax (DDT) and the assessee submits before us that it does not preclude the assessee to claim the benefit