2021 (3) TMI 204

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rasad and Smt. Radha Katyal Narang for the Respondent. ORDER We have heard both the parties. The applicant has filed the present application on 12th June 2020 wherein the following questions have been raised : - Q1. On the facts and circumstances of the case and in law, whether the Dividend distribution tax ('DDT') paid/payable by Comstar Automotive Technologies Private Limited (Com....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....act and circumstances of the case and in law, whether Singapore Topco and Comstar Mauritius are beneficial owners of the dividend income received from the Applicant as provided under Article 10 ('Dividends') of the Double Taxation Avoidance Agreement ('DTAA') entered into between India and Singapore ('India-Singapore DTAA') and under Article 10 of the DTAA entered into betw....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e CIT has been received vide letter dated 01/01/2021. The only objection of the Revenue is that the transaction was designed prima-facie for avoidance of tax. It has been submitted that as per provision of Section 115-O of the Act, DDT is an incidence of tax on the company and not on the shareholder. Therefore, the applicant is not entitled to take benefit of the provisons of DTAA. The Ld. AR subm....