Held that the DTAA does not apply to DDT paid by a domestic company under section 115-O unless the contracting States specifically extend treaty protection to such company, and hence the tax was rightly levied at the rate under section 115-O.(AY. 2010-11 to 2014-15)
Schaeffler India Ltd. v. Asst. CIT (2025) 131 ITR 237 (Ahd.)(Trib)
S. 115-O: Company-Dividend distribution tax-Payment of dividend to non-resident shareholder-Dividend distribution tax payable by company at rate under section 115-O, not at rate applicable to non-resident shareholder under Double Taxation Avoidance Agreement, unless contracting States by specific provision extend treaty protection to domestic company. [S. 90]
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