2025 (7) TMI 1854

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....umar Pati, DR ORDER PER RAJESH KUMAR, AM: These are appeals preferred by the assessee against the orders of the Commissioner of Income-tax (Appeals), Kolkata-22, (hereinafter referred to as the "Ld. CIT(A)"]even dated 31.01.2024 for the AYs2017-18 & 2018-19. 02. The issue involved in both these appeals same as under: - "Whether, on a true and harmonious construction of the pro....

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....dividend of Rs.80,40,00,000/- to its shareholder including a dividend paid to Petroleum Nasional Berhad a tax resident company of Malysia of Rs.40,20,00,000/- and paid dividend distribution tax (in short DDT) @20.3576% amounting to Rs.16.36,75,482/- u/s 115O of the Act. the assessee during the assessment proceedings submitted before the ld. AO that as per DTAA between government of India and Gover....

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....vailable on record, we find that in the order of the ld. CIT (A), we note that the ld. CIT (A) has followed the Special bench decision of Mumbai Tribunal in the case of DCIT Vs. Total Oil India Pvt. Ltd (supra), wherein it has been held that the dividend distribution tax is a tax on the income of the company and not on the shareholder and therefore, there is no double taxation of the same. It was ....