https://www.taxtmi.com/caselaws?id=793027 Dividend distribution tax on dividends paid to non-resident shareholders was analysed as tax in substance on the shareholder's dividend income, so the more beneficial DTAA rate was considered applicable under section 90(2) over the domestic rate under section 115-O. The commentary further notes that, where treaty protection applies, excess tax collected above the treaty rate cannot be retained and the Assessing Officer must recompute the liability and determine the refundable excess. The stated ratio is that treaty provisions governing dividend income apply to dividend distribution tax on dividends paid to treaty-resident shareholders, and section 90(2) gives effect to the lower treaty rate. en-us Wed, 08 Apr 2026 00:00:00 +0530 Fri, 05 Jun 2026 10:28:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=793027 Dividend distribution tax on dividends paid to non-resident shareholders was analysed as tax in substance on the shareholder's dividend income, so the more beneficial DTAA rate was considered applicable under section 90(2) over the domestic rate under section 115-O. The commentary further notes that, where treaty protection applies, excess tax collected above the treaty rate cannot be retained and the Assessing Officer must recompute the liability and determine the refundable excess. The stated ratio is that treaty provisions governing dividend income apply to dividend distribution tax on dividends paid to treaty-resident shareholders, and section 90(2) gives effect to the lower treaty rate. Case-Laws Income Tax Wed, 08 Apr 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=793027