Tata Motors Ltd. v. DCIT (2020) 184 ITD 680 / 208 TTJ 486 (Mum.) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Losses-Set off of one head against income from another-There is no provision in section 115BBD to eliminate dividend income received from specified foreign company before setting off of loss-Revision proceeding is quashed. [S. 71, 115BBD]

Assessee had received dividend income from specified foreign company under section 115BBD and it claimed set off of business loss against dividend income received from foreign company which was offered to tax. Assessment was completed allowing the claim. Revision proceedings Commissioner held  that as per section 115BBD, dividend income needed to be taxed separately at rate of 15 per cent which was not done by Assessing Officer resulting in short levy of tax and he initiated revision proceeding and he directed Assessing Officer to tax dividend income. Tribunal held that on facts, assessee should be allowed to set off business loss against dividend income received from foreign company. Accordingly the revision order was quashed. (AY. 2012-13)