Political contribution deductions require genuine transactions; banking records and party registration alone cannot defeat evidence of accommodation e...
Post-death GST liability permits fresh proceedings against legal representatives, while discontinued-business recovery remains limited to the inherite...
Non-confirmation of FEMA seizure prevents adjudicators from overriding pending appellate findings on recorded reasons and suspected foreign asset hold...
Excess DDT paid on dividend distributed to a foreign parent was held refundable/adjustable by applying the beneficial DTAA rate. Since the shareholder was the beneficial owner and tax resident of the treaty partner jurisdiction, section 90(2) mandated application of Article 10 limiting tax on dividends to 10%, overriding the higher domestic rate charged under section 115-O. The plea that the return-filing utility did not permit claiming the treaty rate was accepted in principle, relying on the duty of the tax administration to facilitate compliance rather than defeat lawful claims through technical hurdles. The AO was directed to apply 10% and grant consequential relief. - ITAT
Excess DDT paid on dividend distributed to a foreign parent was held refundable/adjustable by applying the beneficial DTAA rate. Since the shareholder was the beneficial owner and tax resident of the treaty partner jurisdiction, section 90(2) mandated application of Article 10 limiting tax on dividends to 10%, overriding the higher domestic rate charged under section 115-O. The plea that the return-filing utility did not permit claiming the treaty rate was accepted in principle, relying on the duty of the tax administration to facilitate compliance rather than defeat lawful claims through technical hurdles. The AO was directed to apply 10% and grant consequential relief. - ITAT
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
