2011 (4) TMI 884

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....thout giving the appellant requisite opportunity in accordance with the provisions of section 251(2) of the Act. 1.2 The appellant submits that the impugned enhancement made by the CIT(A) is incorrect, illegal, in gross neglect of the principles of natural justice as incorporeal in section 251(2) of the Act and hence ought to be struck down. Without prejudice to the foregoing: 2. Re; Non-granting of double taxation relief in respect of dividend income on shares held in a foreign company: 2.1 The CIT(A) has erred in deciding that the no relief of account of double tax should be granted in respect of the net dividend income received by the appellant on shares held in a foreign company. 2.2 The appellant submits that considering the facts....

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.... 5. Briefly the facts of the case are that the Assessing Officer held that the assessee who had received dividend from UK based company HSBC Holdings PLC of Rs. 5,28,33,343 was shown net of tax deducted at source. The assessee had claimed relief of Rs. 58,70,361 being TDS deducted by the UK based partly. The Assessing Officer noticed that the assessee had also claimed relief under double taxation avoidance agreement between UK and India claiming double benefit. Following the earlier assessment years and as per instructions issued by the CBDT by Circular No. 369, dated 17-9-1983 which stated that dividend had to be assessed on the gross amount inclusive of TDS and not the net amount, the Assessing Officer had not accepted the assessee's con....