As decided in Total Oil India (P.) Ltd., where a domestic ...

Domestic co. pays dividend tax u/s 115-O at rate therein, not DTAA rate for non-resident shareholders unless treaty protects dividend tax. TP regs inapplicable to TTS income.

Case Laws Income Tax

July 15, 2024

As decided in Total Oil India (P.) Ltd., where a domestic company declares, distributes or pays dividend to a non-resident shareholder(s), the Additional Income-tax (Tax on Distributed Profits) payable by the domestic company u/s 115-O shall be at the rate mentioned therein and not at the rate applicable to the non-resident shareholder(s) as per the relevant DTAA. The domestic company can claim DTAA benefit only if the Contracting States intend to extend treaty protection for dividend distribution tax. Regarding applicability of transfer pricing regulations to operations carried out through qualifying ships where income is taxed under TTS, following assessee's own case, provisions of Chapter-X cannot be invoked to alter expenditure having no bearing on income computed under Chapter XII-G. Thus, transfer pricing regulations do not apply to income taxed under TTS.

View Source

← Previous Next →

As decided in Total Oil India (P.) Ltd., where a domestic ...

Domestic co. pays dividend tax u/s 115-O at rate therein, not DTAA rate for non-resident shareholders unless treaty protects dividend tax. TP regs inapplicable to TTS income.

Case Laws Income Tax

July 15, 2024

You may also like:

Taxability of dividends - dividend is declared, distributed or paid by a domestic company to a non-resident shareholder(s) - The Tribunal held that, additional income...

Rate of tax payable on Dividend Distribution Tax (DDT) - Distribution of dividends to its share holders (Germany) (Non-residents) - the additional income tax payable by...

Refund of excess Dividend Distribution Tax - additional income tax payable by the domestic company shall be at the rate mentioned in section 115-O of the Act and not at...

Taxability of dividend as declared, distributed or paid by a domestic company to a non-resident shareholder(s) which attracts Additional Income Tax (Tax on Distributed...

Assessee company paid Dividend Distribution Tax (DDT) on dividends distributed to its holding company, a tax resident of Mauritius, at higher rates under the Income Tax...

Rate of TDS on payment to non resident - Non-availability of PAN of non resident - the ld Tax Authorities below have fallen in error in not extending the benefits of...

Rate of TDS - Non-availability of PAN - Benefit of treaty - in case of payments made to non-residents, the assessee was entitled to deduct taxes at source at the rates...

Deemed dividend u/s 2(22)(e) - oan or advance to a non-shareholder cannot be taxed as deemed dividend in the hands of the a non shareholder - AT

Tax payable u/s 115-O - dividend distribution tax rate being restricted by the treaty provision dealing with taxation of dividends in the hands of the shareholders (i.e....

Set off of deemed dividend against actual dividend paid by certain companies - dividend distribution tax as per section 115-O is in respect of dividend covered u/s...

Revision u/s 264 - Claiming benefit of DTAA - refund of Dividend Distribution Tax (DDT) which was paid wrongly - This was not a case where a deduction was made u/s 195...

Exemption from tax under Section 115-O - Tax on distributed profit / Dividend Tax - Once it is held that the amount distributed or paid by Petitioner by way of dividend...

Credit of Dividend Distribution Tax u/s 115-O - The AO, in preparing the statement of assessed total income, computed the DDT payable but did not adjust the DDT already...

Withholding rate of tax in respect of dividend - We are not impressed with the argument advanced on behalf of the revenue that since Slovenia, Lithuania, and Columbia...

Insertion of new section 115 BBDA-Tax on certain dividends received from domestic companies. - any income by way of dividend declared, distributed or paid by a domestic...

Quick Updates: