2026 (3) TMI 1748

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....Rajan Vohra, Adv. & Shri Lekh Mehta, CA For the Respondent : Shri Shrikant Namdeo, CIT-DR ORDER PER AMITABH SHUKLA, AM, This appeal by the assessee is directed against the order of the National Faceless Appeal Centre/Ld. Commissioner of Income Tax(Appeals), New Delhi [hereinafter referred to as 'ld. CIT(A)] dated 31.10.2025 arising out of assessment order dated 13.04.2021 passed under ....

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....ng order with respect to the aforesaid additional claim made by the Appellant; 3. has erred in holding that the Appellant's additional claim is not maintainable since the issue does not arise out of the impugned order under section 143(3) read with section 143(3A) read with section 143(3B) of the Act dated 13 April 2021 without appreciating that assessing authorities are entitled to a....

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....td., Singapore) is liable to tax as per the beneficial tax rate of 10% as per Article 10 of the India-Singapore DAA as against tax rate of 20.358% prescribed under section 115-O of the Act as has been affirmed the Hon'ble Bombay High Court decision in case of Colorcon Asia Pvt. Ltd. [Tax Appeal No. 5/2024 (Bombay HC)] and thereby ought to have allowed refund of dividend distribution tax in exc....

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.... submission in the light of material available on record. The principal issue seminal to the appeal of the assessee is regarding charging of TDS @ of 20.358% by the Revenue as against 10% claimed by the assessee. Briefly, the assessee has paid dividend to its foreign shareholder namely Metlife Solutions Pt. Ltd. Singapore. The ld. AO exposed the impugned overseas remittance of dividend to TDS @20.....