2024 (9) TMI 1108

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....A, VP : This appeal filed by the assessee is directed against the order dated 15.02.2024 of the CIT(A)-13, Pune relating to assessment year 2016-17. 2. The only grounds raised by the assessee are as under. "1. The CIT(A) erred in rejecting the claim of refund of excess DDT paid of Rs. 2,88,31,272/-. 2. Learned CIT(A) erred in not appreciating that on the dividend declared b....

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....mpleted the assessment u/s. 143(3) r.w.s.144C(3) of the Income Tax Act, 1961, determining the taxable income of the assessee at Rs. 779,48,85,800/- wherein he made an addition of Rs. 3,73,19,882/- by making disallowance u/s. 14A of the Act. 4. Before the CIT(A) the assessee through an additional ground challenged the order of the Assessing Officer in not granting the credit of the excess Divide....

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....n filed by the appellant. The issue is regarding claim of refund of excess dividend distribution tax paid by the appellant u/s 115-O on repatriation of dividend income to its holding company viz. John Deere Asia (Singapore) Private Limited. Briefly, the appellant company distributed dividend of Rs. 27,83,57,353 to JD Singapore during AY 2016-17. The appellant company deducted TDS on this as per se....

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....h India and Singapore for the non-resident parent entity. In the instant case, the appellant is as resident and not a non-resident and the discussion under section 90 is not appropriate." 6. Aggrieved with such order of the CIT(A) the assessee filed an appeal before the Tribunal. 7. Both the sides fairly conceded that the issue stands decided against the assessee by the decision of the Speci....