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TMI Blog2024 (9) TMI 1108X X X X Extracts X X X X X X X X Extracts X X X X ..... the contention of the assessee and rejected - HELD THAT:- Both the sides fairly conceded that the issue stands decided against the assessee by the decision of Total Oil India Pvt. Ltd. Oth [ 2023 (4) TMI 988 - ITAT MUMBAI (SB) ] which has been followed on by the ld. CIT(A). Since the ld. CIT(A) while deciding the issue against the assessee followed the decision of Special bench of the Tribunal cit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e rate of 10% provided in the DTAA between India and Singapore and accordingly, the said rate as per the DTAA should be applied for the payment of dividend distribution tax and accordingly, the excess tax paid should be refunded. 3. The appellant craves leave to add, alter, amend or delete the above grounds of appeal. 3. Facts of the case in brief that the assessee is engaged in manufacturing of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of the dividend declared by it, the dividend distribution tax has been paid @ 20.36% as against the rate of 10% provided in the DTAA between India and Singapore and therefore the said rate as per the DTAA should be applied for the payment of dividend distribution tax and the excess tax should be refunded. 5. However, the ld.CIT(A) did not accept the contention of the assessee and rejected the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 20.36% (grossed up), the TDS should have been restricted @10% as per Article 10(2) of India-Singapore Double Taxation Avoidance Agreement ( the DTAA‟ or the tax treaty‟) read with section 90(2) of the Act. The appellant has referred to section 90 of the Income Tax Act and stated that it overrides provision of section 115-O. It is seen that section 90 is under Chapter IX of the Income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Since the ld. CIT(A) while deciding the issue against the assessee followed the decision of Special bench of the Tribunal cited (supra) therefore, in absence of any contrary material brought to our notice, the order of the CIT(A) is upheld and the grounds raised by the assessee are dismissed. 8. In the result, the appeal filed by the assessee is dismissed. Order pronounced in the open Court on 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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