https://www.taxtmi.com/caselaws?id=755919 Dividend distribution tax under section 115-O is levied on the domestic company as an additional income-tax on distributed profits, and treaty relief under Article 10 of the India-Mauritius DTAA is available only if the treaty expressly extends that benefit to the company paying the tax. On the reasoning adopted from the Special Bench decision, no such extension was shown in this context. Because the tax was paid in discharge of the statutory obligation under section 115-O, a refund under section 237 could not be claimed by directly applying the lower treaty rate applicable to the non-resident shareholder. The refund claim was therefore treated as not maintainable. en-us Fri, 19 Jul 2024 00:00:00 +0530 Tue, 23 Jul 2024 08:50:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=755919 Dividend distribution tax under section 115-O is levied on the domestic company as an additional income-tax on distributed profits, and treaty relief under Article 10 of the India-Mauritius DTAA is available only if the treaty expressly extends that benefit to the company paying the tax. On the reasoning adopted from the Special Bench decision, no such extension was shown in this context. Because the tax was paid in discharge of the statutory obligation under section 115-O, a refund under section 237 could not be claimed by directly applying the lower treaty rate applicable to the non-resident shareholder. The refund claim was therefore treated as not maintainable. Case-Laws Income Tax Fri, 19 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=755919