Service of notice and contractual debt acknowledgment preserved insolvency admission against a corporate guarantor despite limitation and natural just...
Original works exemption excludes standalone boulder transportation, leaving subcontracted railway-project transport services subject to service tax l...
Annual production capacity determinations excluding stenter galleries support refunds for unconstitutional excise levies without an unjust-enrichment ...
Vicarious liability for cheque dishonour requires specific allegations of responsibility and cheque signatory; generic director allegations cannot sus...
IT Resilience Index requires market infrastructure institutions to automate resilience scoring, early warnings, and continuous service-delivery monito...
HC allowed the appeal, set aside the AAR ruling, and held that DDT is, in pith and substance, a tax on dividend income of the shareholder, though collected from the distributing company. Consequently, DDT falls within the scope of "tax on dividends" under Article 11 of the India-UK DTAA. By virtue of Section 90(2), the Appellant is entitled to apply the more beneficial treaty rate, limiting Indian tax on such dividends to 10%. Retention of DDT collected in excess of 10% is impermissible. The Department is, however, permitted to gross up the tax appropriately.
HC allowed the appeal, set aside the AAR ruling, and held that DDT is, in pith and substance, a tax on dividend income of the shareholder, though collected from the distributing company. Consequently, DDT falls within the scope of "tax on dividends" under Article 11 of the India-UK DTAA. By virtue of Section 90(2), the Appellant is entitled to apply the more beneficial treaty rate, limiting Indian tax on such dividends to 10%. Retention of DDT collected in excess of 10% is impermissible. The Department is, however, permitted to gross up the tax appropriately.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
